Moshir v. NYPD
- Laura Swain
- 1:23-cv-07414
- U.S. District Court · Southern District of New York
- 4
In Moshir v. NYPD, Judge Swain ordered Al Moshir to pay $402 or submit an application to proceed without prepaying fees.
Al Moshir must either pay the $402 in fees or submit an IFP application within 30 days. The case will be processed if he complies and dismissed if he does not; the underlying claims against NYPD and the other defendants were not decided.
What happened
In Moshir v. NYPD, Al Moshir filed the case without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that he is representing himself.
The court ordered Al Moshir, within 30 days, either to pay $402 in filing and administrative fees or to submit the attached application. If the court grants the application, he may proceed without paying the fees in advance. No summons will issue at this time.
The order says the case will be processed if Al Moshir complies and will be dismissed if he does not comply within the allowed time. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Moshir v. NYPD · No. 1:23-cv-07414
- Laura Swain
- Aug. 23, 2023
Background
Al Moshir brought this action against NYPD and other defendants while representing himself. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court stated that proceeding with a civil action requires either payment of $402—$350 for the filing fee and $52 for the administrative fee—or submission of a signed IFP application. The court ordered Al Moshir to take one of those actions within 30 days of the order. If the court grants the application, he will be allowed to proceed without paying the fees in advance.
No summons will issue at this time. If Al Moshir complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed period, the action will be dismissed.
Appeal
The court 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 prepaying fees for purposes of an appeal.
Disposition
This is an administrative order concerning payment of fees or an IFP application. It does not decide the underlying claims against NYPD or the other defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.