Moshir v. The Perpetrator
- Laura Swain
- 1:23-cv-07914
- U.S. District Court · Southern District of New York
- 4
In Moshir v. The Perpetrator (T-Mobile Employee), Judge Swain ordered payment or a completed fee-waiver application within 30 days.
Al Moshir, who must either pay the required fees or submit a completed amended application within 30 days to avoid dismissal of the action.
What happened
In Moshir v. The Perpetrator (T-Mobile Employee), Al Moshir filed the action without a lawyer and submitted an application asking to proceed without paying fees in advance.
The application left every question unanswered. The court ordered Moshir, within 30 days, either to pay $402 in filing and administrative fees or submit a completed application. No summons would issue at that time, and the court said the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Moshir v. The Perpetrator · No. 1:23-cv-07914
- Laura Swain
- Sept. 7, 2023
Background
Al Moshir brought the action without a lawyer. To proceed with a civil case in the Southern District of New York, a plaintiff must either pay the required fees or submit a signed application to proceed without prepaying them. The order states that the required fees were $402: a $350 filing fee and a $52 administrative fee.
Moshir submitted an application to proceed without prepaying fees with the complaint, but he did not answer any of its questions.
Order
The court ordered Moshir, within 30 days of the order, to do one of two things: pay the $402 in fees or submit an amended application to proceed without prepaying fees. The amended application had to include docket number 23-CV-7914 (LTS).
The court directed that no summons issue at that time. It stated that, if Moshir complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal. The order did not decide the underlying claims.
Judge
Chief United States District Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.