Moshir v. NYC Mayor
- Laura Swain
- 1:23-cv-08003
- U.S. District Court · Southern District of New York
- 1
In Moshir v. NYC Mayor, Judge Swain dismissed the complaint without prejudice because Moshir neither paid filing fees nor requested fee waiver.
Al Moshir’s complaint was dismissed without prejudice, and permission to proceed without paying the filing fee for an appeal was denied. The opinion does not describe any separate effect on the defendants.
What happened
In Moshir v. NYC Mayor, the court had ordered Al Moshir to submit a completed request to proceed without paying filing fees or pay the required $402 filing fee within 30 days. The order warned that failing to do so would result in dismissal.
Moshir did not submit the request or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also said any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
Judge Laura Taylor Swain ordered the dismissal without prejudice, directed the clerk to enter judgment, and denied fee-waiver status for an appeal.
The detailed version
- Moshir v. NYC Mayor · No. 1:23-cv-08003
- Laura Swain
- Oct. 25, 2023
Background
By an order dated September 14, 2023, the court directed Al Moshir, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $402 required to file a civil action. The order stated that failure to comply would result in dismissal of the complaint.
Court’s Rulings
Moshir did not submit the application or pay the filing fee. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not discuss any requirements for doing so.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying the filing fee for an appeal. The clerk was directed to enter judgment in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.