Moshir v. Adams
- Laura Swain
- 1:23-cv-08533
- U.S. District Court · Southern District of New York
- 4
In Moshir v. Adams, Judge Swain ordered Al Moshir to pay $402 or request permission to proceed without prepaying fees within 30 days.
Al Moshir was required to pay the stated fees or submit an application to proceed without prepaying them within 30 days. The case would be dismissed if he did not comply, and permission to appeal without prepaying fees was denied.
What happened
In Moshir v. Adams, Al Moshir filed a lawsuit without paying the required fees or submitting an application to proceed without prepaying them. The order identifies NYC Mayor Eric Adams and other defendants in the caption.
The court gave Al Moshir 30 days to pay $402, consisting of a $350 filing fee and a $52 administrative fee, or submit a signed application to proceed without prepaying fees. The court said no summons would issue at that time and that the case would be processed if he complied.
Judge Laura Taylor Swain ordered that the action would be dismissed if Al Moshir did not comply within the allowed time. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith. The order did not address the merits of the lawsuit.
The detailed version
- Moshir v. Adams · No. 1:23-cv-08533
- Laura Swain
- Sept. 29, 2023
Background
Al Moshir filed this action without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees. The opinion states that he is representing himself.
Court’s Order
The court explained that a plaintiff must either pay $402—$350 for the filing fee and $52 for the administrative fee—or submit a signed application to proceed without prepaying fees, commonly called an IFP application. The court gave Al Moshir 30 days from the date of the order to do one of those two things. If he submitted the application and the court granted it, he could proceed without paying the fees in advance.
The court directed that no summons issue at that time. It stated that, if Al Moshir complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the allowed time, the action would be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements and did not decide the merits of Al Moshir’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.