Moussaoui v. Rosendahl
- Colleen McMahon
- 1:20-cv-07339
- U.S. District Court · Southern District of New York
- 2
In Moussaoui v. Rosendahl, Judge McMahon denied a fee-waiver request and dismissed the action without prejudice, subject to reopening if filing requirements were met.
Zacarias Moussaoui's action was dismissed without prejudice because he did not pay the filing fees or submit the required application and prisoner authorization; the action could be reopened if he completed one of those options within 30 days.
What happened
In Moussaoui v. Rosendahl, Zacarias Moussaoui, who was incarcerated and representing himself, was ordered to pay the filing fees or submit an application to proceed without paying them upfront. He instead asked the court to waive the fees entirely.
The court denied that request, explaining that federal law requires prisoners who proceed without prepaying fees to pay the full filing fee over time. The court dismissed the action without prejudice, subject to reopening if Moussaoui paid the fees or submitted the required application and authorization within 30 days.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying the appellate fees.
The detailed version
- Moussaoui v. Rosendahl · No. 1:20-cv-07339
- Colleen McMahon
- Oct. 23, 2020
Background
Zacarias Moussaoui, who was incarcerated and proceeding without a lawyer, brought this action against Joyce Ellen Rosendahl. On September 11, 2020, the court directed Moussaoui either to pay the required filing fees or to submit a completed application to proceed without prepaying those fees, along with a prisoner authorization. The court warned that failure to comply would result in dismissal.
Moussaoui submitted a letter requesting a total waiver of the court fees. He argued that the importance of his case, which he described as seeking justice for the victims of the September 11 attacks and their families, required the waiver. He also stated that he could not proceed without a fee exemption because he already had more than 20 civil actions pending in the District of Colorado.
Court's Analysis
The court held that it lacked discretion to waive collection of the filing fees. It explained that federal law requires a prisoner who proceeds without prepaying fees to pay the full filing fee, although the prisoner may pay it through deductions from the prison account over time. The court therefore denied Moussaoui's request to waive collection of the fees.
The court further concluded that Moussaoui's statement indicated he would not pay the fees or submit the required application and prisoner authorization. The court did not address the underlying claims in the complaint.
Disposition
Judge Colleen McMahon dismissed the action without prejudice, subject to reopening if, within 30 days of the order, Moussaoui paid the $400 filing fees or submitted an application to proceed without prepaying fees and a prisoner authorization. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying appellate fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.