Moshir v. Any And All Party Including
- Laura Swain
- 1:23-cv-07778
- U.S. District Court · Southern District of New York
- 1
In Al Moshir v. Any And All Party(s) Including, Chief Judge Swain dismissed the complaint without prejudice because Moshir neither paid filing fees nor submitted an IFP application.
Al Moshir’s complaint was dismissed without prejudice for failing to submit the required fee-waiver application or pay the filing fees. The defendants were not affected by any ruling on the merits because the court did not reach the underlying claims.
What happened
Al Moshir sued Any And All Party(s) Including and other listed defendants in the Southern District of New York. The court had ordered Moshir to submit an application to proceed without paying filing fees or pay the required $402 in fees.
The court said Moshir did neither within the required thirty-day period. The opinion does not address the underlying claims.
Chief Judge Swain dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-free status for any appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Moshir v. Any And All Party Including · No. 1:23-cv-07778
- Laura Swain
- Oct. 13, 2023
Background
The court had previously ordered Al Moshir to submit a completed application to proceed without paying filing fees or to pay the $402 required to file a civil action. The order gave Moshir thirty days to comply and warned that failure to do so would result in dismissal.
Court’s action
The court found that Moshir had not submitted the fee-waiver application or paid the filing fees. It therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion did not reach the merits of the complaint or resolve the claims against Any And All Party(s) Including or the other defendants.
The court certified that an appeal would not be taken in good faith and denied Moshir permission to proceed without paying fees for purposes of an appeal. It also directed the Clerk of Court to enter judgment. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.