Moshir v. Green Grocery Shopping Bag
- Laura Swain
- 1:24-cv-00280
- U.S. District Court · Southern District of New York
- 1
Moshir v. Green Grocery Shopping Bag was dismissed without prejudice because Moshir neither filed a fee-waiver application nor paid the required fees, Judge Swain ruled.
Moshir’s complaint was dismissed without prejudice because he did not submit an application to proceed without paying filing fees or pay the required filing fees.
What happened
In Moshir v. Green Grocery Shopping Bag, the court had ordered Moshir to submit an application to proceed without paying filing fees or to pay the $402 required to file a civil case. The order gave Moshir thirty days to comply.
Moshir did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-waiver status for an appeal. The court directed the Clerk of Court to enter judgment.
The detailed version
- Moshir v. Green Grocery Shopping Bag · No. 1:24-cv-00280
- Laura Swain
- Feb. 21, 2024
Background
The court had previously directed Moshir, within thirty days, either to submit a completed application to proceed without paying filing fees (an IFP application) or to pay the $402 in fees required to file a civil action. The prior order warned that failure to comply would result in dismissal.
Court’s Ruling
Moshir did not file an IFP application and did not pay the required fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. It directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.