Ali Mgaresh v. The City of New York; New York City Police Department; et al.
Ali Mgaresh v. The City of New York; New York City Police Department; et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------
ALI MGARESH, MEMORANDUM & ORDER Plaintiff, 25-cv-5591 (EK)(JAM)
-against-
THE CITY OF NEW YORK; NEW YORK CITY POLICE DEPARTMENT; et al.,
Defendants.
-----------------------------------
ERIC KOMITEE, United States District Judge: Ali Mgaresh filed this Section 1983 action in October. Representing himself, he moves to proceed in forma pauperis. ECF No. 2. For the reasons set forth below, his motion to proceed in forma pauperis is denied without prejudice. 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, Mgaresh’s affidavit indicates that he has no
assets or income, a negative balance in cash and accounts, and housing and college loans as expenses. ECF No. 2, at 1-2. Mgaresh indicates that he pays for housing with “public assistance” but provides no details about the amount of public assistance he receives or how he otherwise supports himself.
Id. at 2. Finally, Mgaresh’s complaint is premised on the fact that he was “lawfully parked in his vehicle” on August 23 of this year, Compl. at 1, ECF No. 1 (emphasis added), suggesting Mgaresh may have assets he has not disclosed.2 When an IFP affidavit fails to “fully and candidly explain[ ] how [the plaintiff] supports” himself, in forma pauperis status is inappropriate. Robert B. v. Kijakazi, No. 22-CV-1046,
2022 WL 4112082, *2 (D. Conn. Aug. 29, 2022). Should plaintiff 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 he fails to take either step within fourteen days, this action will be dismissed. The Court certifies
1 Unless otherwise noted, when quoting judicial decisions this order accepts all alterations and omits all citations, footnotes, and internal quotation marks. 2 The financial affidavit does not reflect an auto lease. pursuant to
28 U.S.C. § 1915(a)(3) that any appeal from this order would not be take n 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 plaintiff and to note the mailing on the docket. SO ORDERED.
/s/ Eric Komitee ERIC KOMITEE United States District Judge
Dated: October 30, 2025 Brooklyn, New York
Reference
- Status
- Unknown