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S.D.N.Y.Procedural orderFiled Jan. 3, 2024

Moshir v. Any and All the related of so as shall be I should be as for Filed…

Full caption

Moshir v. Any and All the related of so as shall be I should be as for Filed through: U.S.A. Dept of Justices United Nations and International Courts

Judge
Laura Swain
Docket
1:23-cv-11251
Court
U.S. District Court · Southern District of New York
Pages
4
Civil ProcedurePro Se
In one sentence

In Moshir v. Any and All, Chief Judge Swain ordered payment or an application to proceed without prepaying fees within 30 days.

Who this affects

Ali Moshir must either pay the required fees or submit an IFP application within 30 days; the case will be dismissed if he does not comply.

What happened

In Moshir v. Any and All, Ali Moshir filed this case without paying the required fees or submitting an application to proceed without prepaying fees. The opinion identifies Moshir as representing himself.

Chief Judge Laura Taylor Swain ordered Moshir, within 30 days, either to pay $405 in filing and administrative fees or submit the attached application. The court said no summons would issue yet and that the case would be processed if Moshir complied; if he did not, the action would be dismissed.

Judge Swain also ruled that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Moshir v. Any and All the related of so as shall be I should be as for Filed… · No. 1:23-cv-11251
Judge
Laura Swain
Date
Jan. 3, 2024

Background

Ali Moshir brought the action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, also called an IFP application. The court explained that filing a civil action generally requires payment of $405: a $350 filing fee and a $55 administrative fee.

Order

Within 30 days of the order, Moshir must either pay the $405 in fees or submit the attached, signed IFP application. If Moshir submits the application, it must identify docket number 23-CV-11251 (LTS). The court stated that, if it grants the application, Moshir may proceed without paying the fees in advance.

No summons will issue at this time. If Moshir complies with the order, the case will be processed under the Clerk’s Office procedures. If Moshir does not comply within the allowed time, the action will be dismissed.

Appeal ruling

Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. The order did not decide the merits of Moshir’s claims.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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