Moshir v. United States Marshal Services Court Officer of the related…
Moshir v. United States Marshal Services Court Officer of the related concernings
- Laura Swain
- 1:23-cv-10598
- U.S. District Court · Southern District of New York
- 1
In Al Moshir v. Any (and) All, Chief Judge Swain dismissed the action without prejudice because Moshir neither submitted a fee-waiver application nor paid filing fees.
Al Moshir's action was dismissed without prejudice because he did not submit the required application to proceed without paying filing fees or pay the filing fees. The court also denied fee-waiver status for an appeal.
What happened
In Al Moshir v. Any (and) All as Shall Be Addressed for the into the Prodeedings, the court required Al Moshir to submit a completed, signed application to proceed without paying filing fees or pay the fees for filing a civil action.
The court had given Moshir 30 days to comply and warned that failing to do so would lead to dismissal. Moshir did neither.
Chief Judge Laura Taylor Swain dismissed the action without prejudice. The court also denied fee-waiver status for any appeal and directed the Clerk of Court to enter judgment dismissing the action.
The detailed version
- Moshir v. United States Marshal Services Court Officer of the related… · No. 1:23-cv-10598
- Laura Swain
- Jan. 16, 2024
Background
Al Moshir filed this civil action. In an order dated December 6, 2023, the court directed Moshir, within 30 days, either to submit a completed and signed application to proceed without paying filing fees or to pay the $402 required to file a civil action in the court. The order warned that failure to comply would result in dismissal.
Court’s Ruling
Moshir did not submit the required application or pay the filing fees. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not describe any requirements for a later action.
The court certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. It also directed the Clerk of Court to enter a judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.