Moshir v. Chef/Cook
- Laura Swain
- 1:23-cv-08786
- U.S. District Court · Southern District of New York
- 4
In Moshir v. Chef/Cook, Judge Swain ordered Ali Moshir to pay filing fees or submit an application to proceed without prepayment.
Ali Moshir, who was required to pay the $402 in fees or submit an application to proceed without prepaying them within 30 days; the action would be dismissed if he did not comply.
What happened
In Moshir v. Chef/Cook, Ali Moshir filed the case without paying the required fees or submitting an application to proceed without prepaying them. The court said the total fees were $402.
The court gave Moshir 30 days from October 11, 2023, to pay the fees or submit the application. No summons would issue at that time, and the case would be processed under the Clerk’s Office procedures if he complied.
Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that any appeal from this order would not be taken in good faith. The order warned that the action would be dismissed if Moshir did not comply within the allowed time.
The detailed version
- Moshir v. Chef/Cook · No. 1:23-cv-08786
- Laura Swain
- Oct. 11, 2023
Background
Ali Moshir, proceeding without a lawyer, filed this action against Chef/Cook and other defendants. The opinion does not describe the underlying claims. Moshir submitted the complaint without paying the required fees and without an application to proceed without prepaying fees, commonly called an IFP application.
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. Within 30 days of the order, Moshir had to take one of those two steps. If the court granted the IFP application, he would be allowed to proceed without prepaying the fees.
No summons would issue at that time. If Moshir complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the time allowed, the action would be dismissed.
Appeal and Disposition
The court certified that an 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 ordered Moshir to pay the fees or submit the IFP application within 30 days; the opinion did not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.