Moshir v. IGPP U.S.A. Inc.
- Laura Swain
- 1:23-cv-08530
- U.S. District Court · Southern District of New York
- 4
In Moshir v. IGPP U.S.A. Inc., Judge Swain ordered payment of fees or submission of an application to proceed without prepaying them.
Al Moshir, who was ordered either to pay the case-opening fees or submit a signed application to proceed without prepaying them; the case could be dismissed if he did not comply within 30 days.
What happened
Al Moshir filed this case against IGPP U.S.A. Inc. without paying the required court fees or submitting an application to proceed without prepaying them.
The court gave Moshir 30 days to pay $402 or submit a signed application explaining why the fees could not be prepaid. The court also stated that no summons would issue at that time and that the case would be dismissed if Moshir did not comply.
Judge Swain also denied permission to proceed without prepaying fees for an appeal from this order, finding that any appeal would not be taken in good faith. The order did not address the underlying claims.
The detailed version
- Moshir v. IGPP U.S.A. Inc. · No. 1:23-cv-08530
- Laura Swain
- Oct. 4, 2023
Background
Al Moshir brought this civil action against IGPP U.S.A. Inc. The opinion states that Moshir is representing himself. Moshir filed the complaint without paying the required filing and administrative fees and without submitting an application to proceed without prepaying fees.
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. The court ordered Moshir, within 30 days of the order, to do one of those two things. If Moshir submitted the application, it was to identify docket number 23-CV-8530 (LTS). The court noted that granting the application would allow Moshir to proceed without prepaying fees.
No summons was to issue at that time. The court stated that, if Moshir complied, the case would be processed under the Clerk’s Office procedures, and that, if Moshir failed to comply within the allowed time, the action would be dismissed.
Appeal and effect
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order addressed filing requirements only; it did not decide the merits of Moshir’s claims against IGPP U.S.A. Inc.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.