Moshir v. International Courts of: Justice + Criminals
- Laura Swain
- 1:24-cv-00154
- U.S. District Court · Southern District of New York
- 4
In Moshir v. International Courts of: Justice + Criminals, Judge Swain ordered Al Moshir to pay fees or submit an application to proceed without prepaying them.
Al Moshir must either pay the $405 in filing and administrative fees or submit a signed application to proceed without prepaying fees within 30 days. The court stated that failure to comply would result in dismissal of the action, and denied permission to appeal without prepaying fees.
What happened
In Al Moshir v. International Courts of: Justice + Criminals, et al., Al Moshir filed a civil action without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Al Moshir 30 days from January 10, 2024, to pay $405 or submit a signed application showing why the fees should not be prepaid. No summons would issue at that time, and the action would be dismissed if Al Moshir did not comply.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Moshir v. International Courts of: Justice + Criminals · No. 1:24-cv-00154
- Laura Swain
- Jan. 10, 2024
Background
Al Moshir brought this civil action without a lawyer. The complaint was submitted without the required filing fees and without an application to proceed without prepaying fees, commonly called an IFP application.
Court’s order
The court stated that proceeding with a civil action required either payment of $405 in fees—$350 for filing and $55 for administration—or submission of a signed IFP application under 28 U.S.C. §§ 1914 and 1915.
Within 30 days of the order, Al Moshir had to either pay the $405 or submit the attached IFP application. If the court granted the application, Al Moshir would be allowed to proceed without prepaying the fees. The application was to identify docket number 24-CV-00154 (LTS).
No summons would issue at that time. If Al Moshir complied, the case would be processed under the Clerk’s Office procedures. If Al Moshir failed to comply within the allowed time, the action would be dismissed.
Appeal-fee ruling
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.