Sevastianov v. Jaddou

Background

Igor Sevastianov brought the action without a lawyer and submitted an application to proceed without prepaying court fees, commonly called an in forma pauperis or IFP application. The court explained that a civil plaintiff must either pay $405—consisting of a $350 filing fee and a $55 administrative fee—or submit a complete and signed IFP application.

Financial information

Sevastianov’s application stated that he was self-employed and worked for his son, earning approximately $1,600 per month. He reported $4,519 in cash or bank funds. He also listed two vehicles and a house in Staten Island, New York, which he said he possessed although ownership was in his wife’s name. He reported monthly payments for a mortgage, tolls, household expenses, utilities, telephone service, and personal expenses. He also said he used and paid two credit cards each month.

The court noted that the reported expenses appeared likely to deplete his stated income and funds, yet the application did not indicate that he was in debt. The court also noted that his complaint described his business and financial circumstances differently. Because of these inconsistencies, the court said the financial situation described in the IFP application did not seem credible and that it was unclear whether he could pay the fees.

Order

The court ordered Sevastianov, within 30 days of the order, either to pay the $405 in fees or to fully complete, sign, and submit an amended IFP application. The amended application must use docket number 1:24-CV-1075 (LTS) and address the identified inconsistencies with specific facts showing that he cannot pay the fees. The court instructed him to answer all questions fully and truthfully.

If the court grants the amended IFP application, Sevastianov may proceed without prepaying the fees. The court warned that it must dismiss the action if it determines that his claim of poverty is untrue. No summonses will issue at this time. If he does not comply within the allowed period, the court will dismiss the action. The court also certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal.

Disposition and classification

This is a procedural order concerning payment of fees and eligibility to proceed without prepayment; it does not decide the underlying claims against the defendants. The court directed payment of fees or submission of an amended IFP application and did not otherwise dismiss the action at this stage.