Moshir v. As while are: Find to be to have been found
- Laura Swain
- 1:23-cv-10594
- U.S. District Court · Southern District of New York
- 2
In Al Moshir v. AS (AND) WHILE ARE, Judge Swain dismissed the action without prejudice because Al Moshir neither filed an IFP application nor paid the filing fees.
Al Moshir’s action was dismissed without prejudice because he did not submit the required application to proceed without paying fees or pay the $405 filing fee. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Al Moshir v. AS (AND) WHILE ARE: FIND (AND) TO BE (AND AS) TO HAVE BEEN FOUND, the court had ordered Al Moshir to submit an application to proceed without paying court fees or pay the $405 required to file a civil action. The order gave him 30 days to comply and warned that the case would be dismissed if he did not.
Al Moshir did not submit the application or pay the fees. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling. The court did not decide the underlying claims.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees. She directed the Clerk of Court to enter judgment dismissing the action and to provide Al Moshir copies of the order and judgment if he appeared at the Pro Se Intake Unit.
The detailed version
- Moshir v. As while are: Find to be to have been found · No. 1:23-cv-10594
- Laura Swain
- Mar. 5, 2024
Background
By an order dated December 7, 2023, the court directed Plaintiff Al Moshir to do one of two things within 30 days: submit a completed application to proceed without paying the court’s filing fees, known as an application to proceed in forma pauperis, or pay the $405 required to file a civil action. The order warned that failure to comply would result in dismissal.
Failure to Comply
Al Moshir did neither. The opinion states that he did not file an application to proceed in forma pauperis and did not pay the required fees.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on the failure to comply with the filing-fee requirement; the court did not address the merits of the claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for an appeal. It directed the Clerk of Court to enter judgment dismissing the action and to provide Plaintiff copies of the order and judgment if he appeared in person at the Pro Se Intake Unit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.