Moshir v. New York City + State
- Laura Swain
- 1:23-cv-08429
- U.S. District Court · Southern District of New York
- 4
In Moshir v. New York City + State, Judge Swain ordered Al Moshir to pay fees or submit an IFP application within 30 days.
Al Moshir, who must either pay the required $402 in fees or submit a signed application to proceed without prepaying fees within 30 days; the action will be dismissed if he does not comply.
What happened
In Moshir v. New York City + State, Al Moshir filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion identifies Moshir as representing himself.
Judge Swain ordered Moshir, within 30 days, either to pay $402 in filing and administrative fees or submit a signed application to proceed without prepaying fees. No summons will issue while the court waits for compliance.
The court said the case will be processed under the Clerk’s Office procedures if Moshir complies, but the action will be dismissed if he does not. Judge Swain also denied permission to proceed without prepaying fees for an appeal from this order.
The detailed version
- Moshir v. New York City + State · No. 1:23-cv-08429
- Laura Swain
- Sept. 26, 2023
Background
Al Moshir brought the action representing himself. He submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that proceeding with a civil action requires either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed IFP application. The court directed Moshir, within 30 days of the order, to do one of those two things. If he submits the application and the court grants it, he may proceed without paying the fees in advance. The application must identify docket number 23-CV-8429 (LTS).
No summons will issue at this time. If 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-related ruling
The court 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 did not address the merits of Moshir’s claims against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.