Moussaoui v. Al Saud
- Colleen McMahon
- 1:20-cv-07340
- U.S. District Court · Southern District of New York
- 1
In Moussaoui v. Al Saud, Judge McMahon dismissed the action without prejudice because Moussaoui neither paid filing fees nor submitted required forms.
Zacarias Moussaoui's civil action was dismissed without prejudice. The order also denied him permission to appeal without paying fees; the opinion does not state any separate relief affecting Saudi Prince Turki Al Faisal Al Saud.
What happened
In Zacarias Moussaoui v. Saudi Prince Turki Al Faisal Al Saud, the court required Moussaoui to submit forms requesting permission to proceed without paying fees and authorizing deductions from a prisoner account, or to pay the filing fees.
Moussaoui did neither within the required thirty-day period. The court had warned that failing to comply would lead to dismissal.
Chief Judge Colleen McMahon dismissed the action without prejudice, meaning the dismissal did not bar refiling. She also denied permission to appeal without paying fees after certifying that an appeal would not be taken in good faith.
The detailed version
- Moussaoui v. Al Saud · No. 1:20-cv-07340
- Colleen McMahon
- Nov. 17, 2020
Background
On September 14, 2020, the court ordered Zacarias Moussaoui to do one of two things within thirty days: submit a completed application to proceed without paying court fees and a required prisoner authorization, or pay the $400 filing fees for a civil action. The order warned that failure to comply would result in dismissal.
Ruling
Moussaoui did not submit the required application and prisoner authorization and did not pay the filing fees. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar a later refiling.
Appeal and Disposition
Chief United States District Judge Colleen McMahon directed the Clerk of Court to mail the order to Moussaoui and record service on the docket. The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The opinion does not address the underlying claims against Saudi Prince Turki Al Faisal Al Saud.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.