Baylor v. The City of New York
Baylor v. The City of New York
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x
TERRANCE BAYLOR,
Plaintiff, MEMORANDUM & ORDER 25-CV-3153 (EK)(LKE)
-against-
THE CITY OF NEW YORK; NEW YORK CITY POLICE DEPARTMENT; OFFICER ANTHONY J. PORCELLI; JOSHUA C. FERENCZY; JOHN DOE SERGEANT,
Defendants.
------------------------------------x ERIC KOMITEE, United States District Judge: Terrance Baylor brings this civil rights action alleging false arrest and imprisonment. Representing himself, he moves to proceed in forma pauperis. For the reasons set forth below, that motion is denied without prejudice to renew. A plaintiff seeking to proceed in forma pauperis must submit an affidavit stating that he is “unable to pay” filing fees or to “give security therefor.”
28 U.S.C. § 1915(a)(1). The affidavit must include “a statement of all assets” the person possesses.
Id.“When an applicant fails to explain how he supports himself, courts generally regard his application as incomplete and insufficient to establish an entitlement to in forma pauperis status.” Jones v. ACS/Queens Field Off., No. 23- CV-5742,
2024 WL 2818138, at *1 (E.D.N.Y. June 3, 2024) (quoting Dan M. v. Kijakazi, No. 22-CV-664,
2022 WL 2069112, at *2 (D. Conn. May 19, 2022)).1 Here, Baylor’s affidavit indicates that he has no
assets or income. ECF No. 2, at 1-2. But it does not explain how he supports himself. “Because no one can live on no income and no assets, affidavits asserting that the plaintiff has no income and no assets without further explanation must be incomplete and, by extension, fail to support in forma pauperis status.” Jones,
2024 WL 2818138, at *1. Accordingly, Baylor’s request to proceed in forma pauperis must be denied. Should Baylor wish to proceed with this action, he must either (1) pay the requisite filing fee to the Clerk of Court, or (2) submit a sufficient long-form in forma pauperis application. If Baylor fails to take either step within fourteen days, this action will be dismissed. The Court
certifies pursuant to
28 U.S.C. §1915(a)(3) that any appeal from
this order would not be taken in good faith, and therefore denies in forma pauperis status for the purpose of an appeal. Coppedge v. United States,
369 U.S. 438, 444-45(1962). The Clerk of Court is respectfully directed to mail a copy of this order to Baylor and to note the mailing on the docket.
1 Unless otherwise noted, when quoting judicial decisions this order accepts all alterations and omits all citations, footnotes, and internal quotation marks. SO ORDERED.
/s/ Eric Komitee ERIC KOMITEE United State
s District Judge
D ated: July 8, 2025 Brooklyn, New York
Reference
- Status
- Unknown