Moshir v. Lezama
- Laura Swain
- 1:23-cv-07831
- U.S. District Court · Southern District of New York
- 4
In Moshir v. Lezama, Judge Swain ordered Al Moshir to pay fees or submit a complete fee-waiver application within thirty days.
Al Moshir was required to pay the $402 fee or submit a complete and signed application to proceed without prepaying fees. The case would be dismissed if Moshir did not comply within thirty days; the underlying defendants were not substantively affected by this order.
What happened
In Moshir v. Lezama, Al Moshir brought the action without a lawyer and submitted an incomplete application to proceed without paying court fees upfront.
The court ordered Moshir to pay $402 or submit a completed and signed amended application within thirty days. No summons would issue at that time, and the action would be dismissed if Moshir did not comply.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Moshir v. Lezama · No. 1:23-cv-07831
- Laura Swain
- Sept. 15, 2023
Background
Al Moshir brought this action without a lawyer. To proceed in the Southern District of New York, Moshir had to pay $402 in filing and administrative fees or request permission to proceed without prepaying those fees. Moshir submitted an incomplete application for that permission.
Court’s Order
The court ordered Moshir, within thirty days of the order, either to pay the $402 fee or submit a completed and signed amended application to proceed without prepayment of fees. The amended application was required to include docket number 23-CV-7831. If the court granted the amended application, Moshir could proceed without prepaying the fees.
The court ordered that no summons issue at that time. It stated that the case would be processed under the Clerk’s Office procedures if Moshir complied, but that the action would be dismissed if Moshir failed to comply within the allowed period.
Appeal and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The opinion does not address the underlying claims against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.