Moshir v. U.S. Attorney General
- Laura Swain
- 1:23-cv-08967
- U.S. District Court · Southern District of New York
- 4
In Moshir v. U.S. Attorney General, Judge Swain ordered Al Moshir to pay $402 or submit an IFP application within 30 days before the case proceeds.
Al Moshir, who was required to pay the filing fees or submit a signed application to proceed without prepaying them within 30 days; the underlying defendants were not reached by the order.
What happened
In Moshir v. U.S. Attorney General, Al Moshir filed a civil action without paying the required fees and without submitting an application to proceed without prepaying them. The opinion does not describe the underlying claims.
The court ordered Al Moshir, within 30 days, either to pay $402 in filing and administrative fees or to submit a signed application to proceed without prepayment. No summons would issue at that time, and the action would be dismissed if he did not comply.
Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from the order, after certifying that such an appeal would not be taken in good faith. The order did not decide the underlying claims.
The detailed version
- Moshir v. U.S. Attorney General · No. 1:23-cv-08967
- Laura Swain
- Oct. 13, 2023
Background
Al Moshir brought the action without a lawyer. The opinion does not identify the claims or describe the underlying dispute. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court explained that proceeding with 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 Al Moshir to take one of those actions within 30 days of the order. If he submitted the application, it had to identify docket number 23-CV-8967 (LTS).
The court stated that, if it granted the IFP application, Al Moshir could proceed without prepaying fees. No summons would issue at that time. If Al Moshir did not comply within the allowed period, the action would be dismissed. The opinion does not state whether he later paid the fees or submitted an application.
Appeal
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 and denied IFP status for purposes of an appeal. This order addressed filing requirements and did not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.