Moshir v. Green Grocery Shopping Bag
- Laura Swain
- 1:24-cv-00280
- U.S. District Court · Southern District of New York
- 2
In Moshir v. Green Grocery Shopping Bag, Judge Swain ordered Al Moshir to pay filing fees or apply to proceed without prepayment.
Al Moshir, who must either pay $405 in fees or submit a signed application to proceed without prepayment within 30 days to avoid dismissal of the action.
What happened
In Moshir v. Green Grocery Shopping Bag, Al Moshir filed the case without paying the required fees or submitting an application to proceed without prepayment because of inability to pay.
The court ordered Al Moshir, within 30 days, either to pay $405 in filing and administrative fees or submit a signed application to proceed without prepayment. The court said no summons would issue at that time.
If Al Moshir does not comply, the action will be dismissed. Judge Swain also ruled that an appeal from this order would not qualify for proceeding without prepayment because it would not be taken in good faith.
The detailed version
- Moshir v. Green Grocery Shopping Bag · No. 1:24-cv-00280
- Laura Swain
- Jan. 17, 2024
Background
Al Moshir filed this civil action without paying the required fees and without submitting an application to proceed without prepayment of fees. The opinion states that Moshir was representing himself.
Order
The court explained that starting a civil action in the Southern District of New York requires payment of $405: a $350 filing fee and a $55 administrative fee. Instead of paying, a plaintiff may request permission to proceed without prepayment by submitting a signed application, commonly called an IFP application.
The court ordered Moshir to do one of two things within 30 days of the order: pay the $405 in fees or submit the attached IFP application, labeled with docket number 24-CV-0280 (LTS). If the court grants the application, Moshir may proceed without paying the fees in advance. No summons would issue at that time.
Disposition and Appeal
The court did not decide the claims or the merits of the action. It stated that the case would be processed under the Clerk’s Office procedures if Moshir complied, and that the action would be dismissed if Moshir failed to comply within the allowed time. Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepayment of fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.