Kiss v. Torres

District Court, S.D. New York·Decided June 12, 2024·No. 7:21-cv-10391·Unknown

Opinion

—————— UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Daniel kiss {List the full name(s) of the plaintiff(s}/petitioner{s).} ? 1 cV 4 039 1 kmk -against- agains Application for the Court to Rafael A Torres,et al., Request Pro Bono Counsel

(List the full name(s) of the defendant(s)/respondent(s}.)

I ask the Court to request a pro bono attorney to represent me in this action. In support of my application, I declare under penalty of perjury that the following information is true and correct: 1. Have you previously filed a “Request to Proceed in Forma Pauperis” (an IFP application)? Please check the appropriate box below: [| I have previously filed an IFP application in this case, and it is a true and correct representation of my current financial status. [| I have not previously filed an IFP application in this case and now attach an original IFP application showing my financial status. I have previously filed an IFP application in this case, but my financial status has changed. I have attached a new IFP application showing my current financial status. 2. Explain why you need an attorney in this case. (Please note that requests for pro bono counsel are rarely granted at the early stages of a case and usually not before the Court has issued a decision on the merits of the case.) If you asked for an attorney earlier in this case, please also explain what has changed since you last asked for an attorney. My case started in 2020, | hired a lawyer ( Mr. Pascazi, mpascazi@gmail.com, BF 249, $$ TTT A year later, | began to represent myself, | could no longer afford a lawyer. I'm even worse off financially at the moment. My case is in Federal court over 3 years and now goes toa i 't do it without a |

Rev, 3/27/14

3. Explain what steps you have taken to find an attorney and with what results. (Please identify the lawyers, law firms or legal clinics you have contacted and their responses to your requests. If you have limited access to the telephone, mail, or other communication methods, or if you otherwise have had difficulty contacting attomeys, please explain.) | spoke to many attorneys, but they not interesting represent me . Osorio Cact aya Law 914-367 4728; Mark Péters , mpeters@petersbr ovner.com, 4622: J&G Law 845-764-9656; Sokoloff & Stern 516-334-4500; The Fu Firm,2 {2-584-0581 .J.Pace Law 91 7-336-3948; I aylor Koss Law 917-705 Matte Miklave Law 212-419-0551; NYSTLA 212-349-5890; Finkelstein & Partners 845-244-5779; Klein Civl Right 888-323-0230;Caribian Law “BBB FA ihr PA Eg 4, If you need an attomey who speaks a language other than English, state what language(s) you speak: English, Slovak,Czech,Polish . 5. Iunderstand that if an attomey volunteers to represent me and that attorney learns that I can afford to pay for an attorney, the attorney may give this information to the Court. 6. understand that even if the Court grants this application, I will receive pro bono counsel only if an attorney volunteers to take my case and that there is no guarantee that an attorney will volunteer to represent me. 7. Lunderstand that if my answers on this application or in my IFP application are false, my case may be dismissed. May 29,2024 QO A i p— Date Signature Kiss Daniel Name {Last, First, Ml) Prison Identification # {if incarcerated} 4205 Fox Ln, Poughkeepsie NY 12603 Address City State Zip Code . 201-921 4257 paykiss65@gmail.com Telephone Number E-mail Address (if available) application for the Court to request pro bono counsel is denied without prejudice. Although Plaintiff indicates that he has (1) prev n application to proceed in forma pauperis (“IFP application”) and (2) attached a new IFP application showing his current financial sta no [FP application on the docket nor is there one attached to this application. Given that litigants seeking an order from the Court pro bono counsel must demonstrate that they are indigent—that is, that they cannot afford an attorney, see Artis v. Phelps Mem'l F No. 23-CV-9827, 2024 WL 1307223, at *1 (S.D.N.Y. Mar. 27, 2024)—Plaintiff's application must be denied. However, this denial is wit so Plaintiff may renew his request and provide the Court with additional information demonstrating, among other things, that he « an attorney, such as by submitting a meritorious IFP application. To facilitate that effort, the Court has attached a blank IFP applicatic rder. lerk of Court is respectfully asked to terminate the pending motion and to mail a copy of this Order to Plaintiff. 12/24

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

(full name of the plaintiff or petitioner applying (each person must submit a separate application)) CV C J) ¢€ -against- (Provide docket number, if available; if filing this with your complaint, you will not yet have a docket number.)

(full name(s) of the defendant(s)/respondent(s)) APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS Iam a plaintiff/ petitioner in this case and declare that Iam unable to pay the costs of these proceedings and I believe that I am entitled to the relief requested in this action. In support of this application to proceed in forma pauperis (IFP) (without prepaying fees or costs), I declare that the responses below are true: 1. Are you incarcerated? L] Yes [] No (If”No,” go to Question 2.) Iam being held at: Do you receive any payment from this institution? [_] Yes L] No Monthly amount: If lam a prisoner, see 28 U.S.C. § 1915(h), I have attached to this document a “Prisoner Authorization” directing the facility where I am incarcerated to deduct the filing fee from my account in installments and to send to the Court certified copies of my account statements for the past six months. See 28 U.S.C. § 1915(a)(2), (b). I understand that this means that I will be required to pay the full filing fee. 2, Are you presently employed? L] Yes L] No If “yes,” my employer’s name and address are:

Gross monthly pay or wages: If “no,” what was your last date of employment? Gross monthly wages at the time: 3. In addition to your income stated above (which you should not repeat here), have you or anyone else living at the same residence as you received more than $200 in the past 12 months from any of the following sources? Check all that apply. (a) Business, profession, or other self-employment L] Yes L] No (b) Rent payments, interest, or dividends L] Yes [] No

SDNY Rev: 8/5/2015

(c) Pension, annuity, or life insurance payments L] Yes [] No (d) Disability or worker’s compensation payments L] Yes [] No (e) Gifts or inheritances [] Yes [] No (f) Any other public benefits (unemployment, social security, C Yes CO No food stamps, veterans, etc.) (g) Any other sources L] Yes L] No If you answered “Yes” to any question above, describe below or on separate pages each source of money and state the amount that you received and what you expect to receive in the future.

If you answered “No” to all of the questions above, explain how you are paying your expenses:

4. How much money do you have in cash or in a checking, savings, or inmate account?

5. Do you own any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value, including any item of value held in someone else’s name? If so, describe the property and its approximate value:

6.

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Proceedings in forma pauperis
28 U.S.C. § 1915(h)