Moshir v. Shabbat
- Laura Swain
- 1:24-cv-00509
- U.S. District Court · Southern District of New York
- 4
In Moshir v. Shabbat, Judge Swain ordered Al Moshir to pay fees or submit an application to proceed without prepaying them.
Al Moshir, who must either pay the required fees or submit a signed application to proceed without prepaying them within 30 days, or the action will be dismissed. The opinion does not state that Shabbat has been served.
What happened
Al Moshir sued Shabbat in Moshir v. Shabbat, but submitted the complaint without the required fees or an application to proceed without prepaying them. The opinion does not describe the claims.
The court gave Al Moshir 30 days from January 24, 2024, to pay $405—$350 for the filing fee and $55 for the administrative fee—or submit a signed application to proceed without prepaying fees. No summons will be issued at this time.
If Al Moshir does not comply within the allowed time, the action will be dismissed. Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Moshir v. Shabbat · No. 1:24-cv-00509
- Laura Swain
- Jan. 24, 2024
Background
Al Moshir filed this action against Shabbat without paying the required fees and without submitting an application to proceed without prepaying fees. The opinion does not state what claims the complaint asserts.
Order
The court explained that a person bringing a civil action must either pay $405 in fees—$350 for the filing fee and $55 for the administrative fee—or submit a signed application requesting permission to proceed without prepaying fees. The court ordered Al Moshir, within 30 days of the order, to do one of those two things. If Al Moshir submits the application, it must identify docket number 24-CV-0509 (LTS). The court stated that, if it grants the application, Al Moshir may proceed without prepaying fees.
The court directed that no summons be issued at this time. It stated that the case would be processed under the Clerk’s Office procedures if Al Moshir complies, but that the action will be dismissed if Al Moshir does not comply within the allowed period.
Appeal ruling
The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not address the merits of the underlying action.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.