Moussaoui v. J. Well Dixon, Esq.
- Colleen McMahon
- 1:20-cv-07341
- U.S. District Court · Southern District of New York
- 1
In Moussaoui v. Dixon, Judge McMahon dismissed the complaint without prejudice because Moussaoui neither paid filing fees nor submitted required forms.
Zacarias Moussaoui's complaint was dismissed without prejudice, and his request to proceed without paying fees for an appeal was denied.
What happened
In Moussaoui v. J. Well Dixon, Esq., the court ordered the plaintiff to submit forms requesting permission to proceed without paying fees and authorizing deductions from a prisoner account, or to pay the filing fee.
The plaintiff did not submit the required forms or pay the $400 filing fee by the deadline set by the court. The court had warned that failing to comply would result in dismissal.
Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying fees for the appeal.
The detailed version
- Moussaoui v. J. Well Dixon, Esq. · No. 1:20-cv-07341
- Colleen McMahon
- Nov. 12, 2020
Background
On September 10, 2020, the court directed Zacarias Moussaoui to submit a completed application to proceed without paying filing fees and a prisoner authorization, or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court's ruling
Moussaoui did not submit the application and prisoner authorization and did not pay the filing fee. Chief Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The opinion does not address the underlying claims against J. Well Dixon, Esq.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.