Moshir v. IGPP U.S.A. Inc.
- Laura Swain
- 1:23-cv-07989
- U.S. District Court · Southern District of New York
- 4
In Moshir v. IGPP U.S.A. Inc., Judge Swain ordered the pro se plaintiff to pay $402 or submit an application to proceed without prepaying fees.
Al Moshir, who must either pay the required fees or submit an application to proceed without prepaying them to avoid dismissal of the action.
What happened
In Moshir v. IGPP U.S.A. Inc., Al Moshir filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Moshir 30 days to either pay $402 or submit the attached application. No summons will issue yet, and the case will be processed if Moshir complies; otherwise, the action will be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Moshir v. IGPP U.S.A. Inc. · No. 1:23-cv-07989
- Laura Swain
- Sept. 13, 2023
Background
Al Moshir brought this action without a lawyer. The complaint was submitted without the $402 required to begin a civil action in this court: a $350 filing fee and a $52 administrative fee. Moshir also did not submit an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Moshir, within 30 days of the order, to either pay the $402 in fees or submit the attached IFP application. If the court grants the application, Moshir may proceed without prepaying the fees. The application must identify docket number 23-CV-7989 (LTS).
No summons will issue at this time. If Moshir complies with the order, the case will be processed under the Clerk’s Office procedures. If Moshir does not comply within the allowed time, the action will be dismissed.
Appeal-related ruling
Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order does not decide the underlying claims in the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.