Moshir v. Personal Belongin
- Laura Swain
- 1:23-cv-08628
- U.S. District Court · Southern District of New York
- 4
In Moshir v. Personal Belongings, Judge Swain ordered Ali Moshir to pay $402 or submit an IFP application within 30 days.
Ali Moshir, who must either pay $402 or submit a signed application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Moshir v. Personal Belongings, Ali Moshir filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion identifies Moshir as representing himself.
The court ordered Moshir, within 30 days, to pay $402 in filing and administrative fees or submit a signed application to proceed without prepayment. No summons would issue at that time, and the court warned that failing to comply would result in dismissal of the action.
Judge Laura Taylor Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
The detailed version
- Moshir v. Personal Belongin · No. 1:23-cv-08628
- Laura Swain
- Oct. 4, 2023
Background
Ali Moshir brought this civil action representing himself. He submitted a complaint but did not pay the required fees and did not submit an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that a plaintiff must either pay $402—consisting of a $350 filing fee and a $52 administrative fee—or submit a signed IFP application under 28 U.S.C. §§ 1914 and 1915. The court gave Moshir 30 days from the date of the order to do one of those things. If he submitted the application, it was to identify docket number 23-CV-8628 (LTS). The court stated that, if it granted the application, Moshir could 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, and that the action would be dismissed if he did not comply within the allowed time.
Appeal ruling
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 IFP status for purposes of an appeal. The order addressed filing fees and appeal-fee status; it did not reach the merits of Moshir’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.