Moshir v. IGPP U.S.A. Inc.
- Laura Swain
- 1:23-cv-08541
- U.S. District Court · Southern District of New York
- 4
In Moshir v. IGPP U.S.A. Inc., Judge Swain ordered Al Moshir to pay fees or submit an application to proceed without prepayment.
Al Moshir, who must either pay the $402 in fees or submit an application to proceed without prepaying fees within 30 days, or the action will be dismissed.
What happened
In Moshir v. IGPP U.S.A. Inc., Al Moshir brought the case without a lawyer but did not pay the required fees or submit an application to proceed without prepayment.
The court gave Moshir 30 days to pay $402 or submit the attached application. The court said no summons would issue yet, and the case would be processed if he complied.
Judge Laura Taylor Swain ordered that the case would be dismissed if Moshir did not comply and denied permission to appeal without prepaying fees.
The detailed version
- Moshir v. IGPP U.S.A. Inc. · No. 1:23-cv-08541
- Laura Swain
- Oct. 4, 2023
Background
Al Moshir brought this civil action without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
The Court's Order
The court explained that starting a civil action required either payment of $402—consisting of a $350 filing fee and a $52 administrative fee—or submission of a signed IFP application. The court ordered Moshir, within 30 days of the order, to pay the fees or submit the attached application. If the court grants the application, Moshir may proceed without prepaying the fees.
The court directed that no summons issue at that time. It stated that the case would be processed under the Clerk's Office procedures if Moshir complied. If he did not comply within the allowed time, the action would be dismissed.
Appeal and Disposition
The court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain therefore directed Moshir to pay the fees or submit the IFP application, rather than allowing the case to proceed immediately.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.