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S.D.N.Y.Procedural orderFiled Sept. 29, 2023

Moshir v. The related involving as perpetrators of mentions address through the…

Full caption

Moshir v. The related involving as perpetrators of mentions address through the two (2) App U.S.A. Inc.

Judge
Laura Swain
Docket
1:23-cv-07641
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Moshir v. THE RELATED INVOLVING AS, Chief Judge Swain dismissed the complaint without prejudice after Moshir neither paid filing fees nor submitted a fee-waiver request.

Who this affects

Al Moshir’s complaint was dismissed without prejudice because he did not submit the required fee-waiver application or pay the filing fee. The order also denied fee-free status for an appeal.

What happened

Moshir v. THE RELATED INVOLVING AS PERPETRATORS OF MENTIONS ADDRESSED THROUGH THE TWO (2) APP U.S.A. INC., et al. concerned the plaintiff’s failure to satisfy the court’s filing requirements.

The court had ordered Al Moshir to submit an application to proceed without paying filing fees or pay the required $402 filing fee within thirty days. Moshir did neither.

Chief Judge Laura Taylor Swain dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Moshir v. The related involving as perpetrators of mentions address through the… · No. 1:23-cv-07641
Judge
Laura Swain
Date
Sept. 29, 2023

Background

By an order dated August 28, 2023, the court directed Al Moshir to submit a completed application to proceed without paying filing fees, known as an application to proceed in forma pauperis, or to pay the $402 required fee for filing a civil action. The order warned that failing to comply would result in dismissal of the complaint.

Ruling

Moshir did not submit the application or pay the filing fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. Judgment was ordered to enter.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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