Moshir v. NYPD
- Laura Swain
- 1:23-cv-07414
- U.S. District Court · Southern District of New York
- 1
In Moshir v. NYPD, Judge Swain dismissed the complaint without prejudice because Moshir neither paid filing fees nor submitted an application to proceed without paying them.
Al Moshir's complaint against NYPD and the other named defendants was dismissed without prejudice because he did not pay the filing fee or submit the required application to proceed without paying it.
What happened
In Moshir v. NYPD, the court had ordered Al Moshir to either submit an application to proceed without paying filing fees or pay the required $402 fee within 30 days.
Moshir did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also denied permission to appeal without paying fees, certifying that any appeal would not be taken in good faith, and directed that judgment be entered.
The detailed version
- Moshir v. NYPD · No. 1:23-cv-07414
- Laura Swain
- Sept. 27, 2023
Background
On August 23, 2023, the court ordered Plaintiff Al Moshir to submit a completed application to proceed without paying filing fees or to pay the $402 required fee for filing a civil action. The order gave Moshir 30 days to comply and warned that failure to do so would result in dismissal.
Ruling
Moshir did not submit the application or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not state the substance of the claims against NYPD and the other defendants.
Appeal and Judgment
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The court therefore denied permission to appeal without paying the appellate filing fees and directed that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.