Moshir v. No Entity Currently
- Laura Swain
- 1:23-cv-08468
- U.S. District Court · Southern District of New York
- 4
In Moshir v. No Entity(s) Currently, Judge Swain ordered Al Moshir to pay fees or submit an IFP application within 30 days.
Al Moshir, who must either pay $402 in fees or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed.
What happened
In Moshir v. No Entity(s) Currently, Al Moshir filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that Al Moshir is representing himself.
Judge Swain ordered Al Moshir, within 30 days, either to pay $402 in filing and administrative fees or to submit a signed application showing an inability to pay. No summons would issue at that time, and the action would be dismissed if Al Moshir did not comply.
Judge Laura Taylor Swain also ruled that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of the lawsuit.
The detailed version
- Moshir v. No Entity Currently · No. 1:23-cv-08468
- Laura Swain
- Oct. 3, 2023
Background
Al Moshir filed this civil action without paying the required fees and without submitting an application to proceed without prepaying fees. The opinion states that Al Moshir is proceeding without a lawyer.
Order
The court explained that commencing a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed application to proceed without prepaying fees. The court ordered Al Moshir to take one of those steps within 30 days of the order. If Al Moshir submitted the application, it was to identify docket number 23-CV-08468 (LTS). If the court granted the application, Al Moshir could proceed without paying the fees in advance.
The court ordered 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 Al Moshir failed to comply within the allowed period, the action would be dismissed.
Appeal and classification
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. The order addressed filing-fee and case-processing requirements, not the merits of Al Moshir’s claims. It is classified as a procedural order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.