Moshir v. I.G.P.P. U.S.A. Inc.
- Laura Swain
- 1:23-cv-09902
- U.S. District Court · Southern District of New York
- 2
In Moshir v. I.G.P.P., Judge Swain barred Moshir from filing future civil cases without paying fees unless permitted and directed judgment dismissing this case.
Ali Moshir is barred from filing future civil actions in the Southern District of New York without paying filing fees unless he first obtains the court’s permission. The existing action was directed to be closed by judgment dismissing it under the court’s January 2, 2024 order.
What happened
In Moshir v. I.G.P.P. U.S.A. Inc., Ali Moshir filed the case without a lawyer. The court had already dismissed the action as frivolous and ordered Moshir to explain why he should not be restricted from filing future civil cases without paying filing fees.
Moshir submitted a response, but the court found it indecipherable and said it did not substantively address the earlier order. The court therefore imposed the filing restriction.
Judge Laura Taylor Swain barred Moshir from filing future civil actions in the Southern District of New York without paying filing fees unless the court grants permission. The court directed the Clerk to enter judgment dismissing this action under the earlier order, denied fee-free status for any appeal, and warned that further frivolous filings could lead to additional sanctions.
The detailed version
- Moshir v. I.G.P.P. U.S.A. Inc. · No. 1:23-cv-09902
- Laura Swain
- Jan. 25, 2024
Background
Ali Moshir filed this action without a lawyer. In an order dated January 2, 2024, the court dismissed the action as frivolous. Because of Moshir’s litigation history in the court, it also ordered him to show cause—meaning explain why the court should not impose a filing restriction—by declaration within 30 days. The proposed restriction would have barred him from filing future civil actions in the Southern District of New York without paying filing fees unless the court granted permission.
Response and filing restriction
Moshir filed a response on January 8, 2024, using a complaint form. The court found the response indecipherable and determined that it did not provide a substantive response to the January 2 order. Under 28 U.S.C. § 1651, the court then issued the filing injunction. Moshir may seek permission to file a future civil action without paying filing fees only by submitting a motion to the court’s Pro Se Intake Unit with copies of the proposed complaint and this order.
Rulings
The court barred Moshir from filing any future civil action in this court without paying filing fees unless he first obtains leave of court. It stated that any action filed without the required permission motion will be dismissed for failure to comply with the order. The court also warned that continued frivolous submissions could result in additional sanctions, including monetary penalties.
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied Moshir permission to appeal without paying filing fees. She directed the Clerk to close the action by entering judgment dismissing it under the court’s January 2, 2024 order. The opinion does not state that the dismissal was with or without prejudice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.