ABC Mining Co. and Staff v. Mott

District Court, S.D. New York

ABC Mining Co. and Staff v. Mott

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ABC MINING CO. AND STAFF; RICKY MOTT, Plaintiffs, 25-CV-4064 (LTS) -against- ORDER OF DISMISSAL DEEANDRA HARDY, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 21, 2025, the Court directed Plaintiff Ricky Mott, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $405.00 in fees required to file a civil action in this court.1 That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fees. Accordingly, the complaint is dismissed without prejudice. See

28 U.S.C. §§ 1914

, 1915. The Court certifies under

28 U.S.C. § 1915

(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States,

369 U.S. 438, 444-45

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Judgment shall enter. SO ORDERED. Dated: June 23, 2025 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

1 The Court notified Plaintiff that only natural persons may proceed in forma pauperis under

28 U.S.C. § 1915

. See Rowland v. California Men’s Colony,

506 U.S. 194, 196

(1993). For ABC Mining Co. to proceed with this action, it must therefore prepay the filing fees.

Reference

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