Moussaoui v. Al Saud

Background

Zacarias Moussaoui filed a civil action against Saudi Prince Turki Al Faisal Al Saud. The opinion states that Moussaoui was incarcerated at the United States Penitentiary in Florence, Colorado and was proceeding without a lawyer. He submitted a complaint but did not submit the required fees, a completed application to proceed without prepaying fees, or a prisoner authorization.

Fees and required forms

The court explained that a prisoner beginning a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit an application to proceed without prepayment of fees and a prisoner authorization. If the court grants that application, the $350 filing fee must be collected in installments from the prisoner's trust-fund account. The prisoner authorization also directs the facility to make those deductions and provide certified copies of the prisoner's account statements for the previous six months. The court noted that the $50 administrative fee does not apply to a person granted permission to proceed without prepayment under 28 U.S.C. § 1915.

Ruling

The court ordered Moussaoui, within 30 days of the order, to either pay the $400 in fees or submit the attached application and prisoner authorization, labeled with docket number 20-CV-7340 (CM). The Clerk of Court was directed to mail him a copy of the order and note service on the docket. No summons was to issue at that time. The order states that, if Moussaoui complied, the action would be processed under the Clerk's Office procedures; if he failed to comply within the allowed time, the action would be dismissed.

Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court did not address the merits of Moussaoui's claims.