Moshir v. Unknown Entities, etc.
- Laura Swain
- 1:23-cv-08473
- U.S. District Court · Southern District of New York
- 4
In Moshir v. Unknown Entities, Judge Swain ordered payment of fees or a corrected no-fee application within 30 days.
Ali Moshir, who must either pay the required fees or submit a completed amended application within 30 days for the case to proceed.
What happened
In Moshir v. Unknown Entities, Ali Moshir filed a civil case without a lawyer and submitted an application to proceed without paying court fees.
The court said Moshir must either pay $402 or submit a signed, completed application answering the required financial questions within 30 days. No summons would issue yet, and the case would be dismissed if he did not comply.
Chief Judge Laura Taylor Swain also denied no-fee status for any appeal from this order, certifying that an appeal would not be taken in good faith. The order did not address the claims against the defendants.
The detailed version
- Moshir v. Unknown Entities, etc. · No. 1:23-cv-08473
- Laura Swain
- Sept. 27, 2023
Background
Ali Moshir brought this civil action pro se, meaning without a lawyer. He submitted an application to proceed in forma pauperis, or without paying court fees in advance, with his complaint. The court found that he had not answered any of the application’s questions.
Order
The court directed Moshir, within 30 days of the order, to do one of two things:
- Pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee; or - Submit a signed, amended application to proceed without prepaying fees, labeled with docket number 23-CV-8473 (LTS).
The court ordered that no summons issue at that time. If Moshir complied, the Clerk’s Office would process the case under its procedures. If he did not comply within the permitted time, the action would be dismissed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal. The order did not decide 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.