Moshir v. Social Media
- Laura Swain
- 1:24-cv-00760
- U.S. District Court · Southern District of New York
- 1
In Moshir v. Social Media, Judge Swain dismissed the action without prejudice because Al Moshir filed without required court permission.
Al Moshir, whose newly filed action was dismissed without prejudice and whose request to proceed without paying the filing fee for an appeal was denied.
What happened
In Moshir v. Social Media, Al Moshir filed a new case without a lawyer and asked to proceed without paying the filing fee upfront. A January 25, 2024 order had barred him from filing new cases this way unless he first obtained the court’s permission.
The court said Al Moshir had not requested that permission, so it dismissed the action without prejudice for failing to follow the earlier order. The court also closed the case.
Judge Laura Taylor Swain stated that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Moshir v. Social Media · No. 1:24-cv-00760
- Laura Swain
- Feb. 5, 2024
Background
Al Moshir filed a new case without a lawyer and requested permission to proceed without paying the filing fee upfront. The court noted that, in a January 25, 2024 order, it had barred him from filing any new action this way unless he first obtained leave, meaning permission, from the court. The opinion states that he did not seek that permission before filing this case.
Ruling
The court dismissed the action without prejudice because Al Moshir failed to comply with the January 25 order. The court also stated that the order closed the case.
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion cites 28 U.S.C. § 1651 as the authority for the dismissal order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.