Moshir v. Bunch of Small Sheets
- Laura Swain
- 1:24-cv-01065
- U.S. District Court · Southern District of New York
- 2
In Moshir v. Bunch of Small Sheets, Judge Swain dismissed the action without prejudice because Moshir filed without required permission.
Al Moshir, whose action was dismissed without prejudice and whose request to appeal without paying the filing fee was denied; the order also warned him that further frivolous filings could lead to sanctions.
What happened
Al Moshir filed this case without a lawyer and asked to proceed without paying filing fees. A January 25, 2024 order had barred him from filing any new case without first obtaining the court’s permission.
Moshir had not obtained that permission before filing this action. The court also warned that continued frivolous filings could lead to additional sanctions, including monetary penalties.
Chief Judge Laura Taylor Swain dismissed the action without prejudice because Moshir failed to follow the January 25 order. She denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the Clerk to enter judgment.
The detailed version
- Moshir v. Bunch of Small Sheets · No. 1:24-cv-01065
- Laura Swain
- Feb. 20, 2024
Background
Al Moshir filed a new case without a lawyer, requested permission to proceed without paying the filing fee, and had not obtained the court’s permission before filing. The court stated that, on January 25, 2024, Moshir had been barred from filing any new action without paying the filing fee unless he first obtained leave from the court.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Moshir failed to comply with the January 25 order. The court warned that continued submission of frivolous documents could result in additional sanctions, including monetary penalties.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and therefore denied permission to proceed without paying the filing fee for an appeal. The Clerk was directed to enter judgment and to provide Moshir with a copy of the order and appeal instructions if he appeared in person at the court’s Pro Se Intake Unit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.