Moshir v. The Bus Shelter
- Laura Swain
- 1:24-cv-01262
- U.S. District Court · Southern District of New York
- 1
In Moshir v. The Bus Shelter, Judge Swain dismissed the action without prejudice because Moshir did not obtain required filing permission.
Al Moshir’s case was dismissed without prejudice, and permission to proceed without paying fees on an appeal was denied.
What happened
In Moshir v. The Bus Shelter, Al Moshir filed a new case without paying the filing fee and without a lawyer. An earlier court order required Moshir to obtain permission before filing any new case without paying the fee.
Moshir did not ask for that permission before filing this case. The court dismissed the action without prejudice because Moshir failed to follow the earlier order.
Judge Laura Taylor Swain also denied Moshir permission to proceed without paying fees on an appeal, finding that an appeal would not be taken in good faith. The clerk was directed to enter judgment.
The detailed version
- Moshir v. The Bus Shelter · No. 1:24-cv-01262
- Laura Swain
- Feb. 21, 2024
Background
Al Moshir filed this new case without paying the filing fee and without a lawyer. The court stated that, in an earlier order dated January 25, 2024, Moshir had been barred from filing any new action without paying the fee unless Moshir first obtained permission from the court. The opinion identifies that earlier proceeding as Moshir v. I.G.P.P. U.S.A. Inc., No. 23-CV-9902 (S.D.N.Y. Jan. 25, 2024).
Court’s Ruling
Because Moshir had not sought permission before filing this case, the court dismissed the action without prejudice for failure to comply with the January 25 order. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not state what steps would be required for any later filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The clerk was directed to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.