Moshir v. Any All as Shall be Addressed for the into the Prodeedings
- Laura Swain
- 1:23-cv-09117
- U.S. District Court · Southern District of New York
- 4
In Moshir v. Any and All, Judge Swain ordered Al Moshir to pay $402 or submit an application to proceed without prepaying fees.
Al Moshir, who was required to pay the $402 in fees or submit an application to proceed without prepaying fees within 30 days.
What happened
In Moshir v. Any and All, Al Moshir filed a civil action without paying the required fees or submitting an application to proceed without prepaying them. The opinion states that Al Moshir was representing himself.
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 prepaying fees. No summons would issue at that time. The court stated that failing to comply would result in dismissal of the action.
Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Moshir v. Any All as Shall be Addressed for the into the Prodeedings · No. 1:23-cv-09117
- Laura Swain
- Oct. 20, 2023
Background
Al Moshir brought this civil action while representing himself. 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 beginning a civil action in the district court generally requires payment of $402: a $350 filing fee and a $52 administrative fee. Within 30 days of the order, Al Moshir had to either pay the $402 or submit a signed IFP application labeled with docket number 23-CV-9117 (LTS). If the court granted the application, he would be allowed to proceed without prepaying the fees.
No summons would issue at that time. The order stated that, if Al Moshir complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed period, the action would be dismissed.
Appeal-related 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 permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.