Saint Jour v. Tura et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CHRISTOPHER SAINT JOUR,
Plaintiff, 	MEMORANDUM AND ORDER
-against-
25-CV-02871 (OEM) (RML)
NIZOM TURA, Shield No. 20732,
PAUL MALLIO, Shield No. 13570,
Detective JOHN DOE, Officer JANE DOE,
CITY OF NEW YORK, NYC OFFICE OF MENTAL
HEALTH, and MAXIMO SABALA, Shield No. 22413
Defendants.
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ORELIA E. MERCHANT, United States District Judge:
Plaintiff Christopher Saint Jour, appearing pro se, filed this action on October 28, 2025.
Dkt. 1. Plaintiff also applied to waive the filing fee by filing an application to proceed in forma
pauperis (“IFP”). Application to Proceed in District Court Without Prepaying Fees or Costs (Short
Form) (“First IFP Application”), Dkt. 2. 	On November 12, 2025, Plaintiff filed a second
application to proceed IFP. Request to Proceed In Forma Pauperis In Support of The Application
For The Court To Request Counsel (“Second IFP Application”), Dkt. 4. On the same day, Plaintiff
filed an application for the Court to appoint counsel. 	Application For The Court To Request
Counsel (“Request to Appoint Counsel”), Dkt. 5. As set forth below, the Court denies Plaintiff’s
IFP applications with leave to pay the filing fee or amend the IFP within fourteen days from the
date of this Order. Plaintiff’s Request to Appoint Counsel is referred to Magistrate Judge Robert
M. Levy.
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DISCUSSION
A. IFP Application
Under 28 U.S.C. § 1914, the filing fee to commence a civil action is $350.00, with an
additional administrative fee of $55.00, for a total fee of $405.00. Under 28 U.S.C. § 1915, the
Court may, as a matter of discretion, waive the filing fee upon a finding that a plaintiff is indigent.
DiGianni v. Pearson Educ., 10-CV-206, 2010 WL 1741373, at *1 (E.D.N.Y. Apr. 30, 2010). A
plaintiff seeking to proceed IFP must submit an IFP application, including an affidavit stating that
he is “unable to pay” filing fees “or give security therefor;” the plaintiff must also include a list of
all his assets. 28 U.S.C. § 1915(a)(1). The IFP statute is “intended for the benefit of those too
poor to pay or give security for costs[.]” Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331,
344 (1948).
In the requests to proceed IFP, Plaintiff indicates that he is unemployed, he receives
disability income, but does not state how much, and has $1,900 and $20,000 in cash or in a
checking or savings account. See First IFP Application at 2, Dkt. 2; Second IFP Application at 2,
Dkt. 4. Plaintiff does not list any other assets, expenses, dependents or financial obligations. Id.
Based on this information, the Court finds that Plaintiff’s financial declarations do not support a
showing of indigency and thus the applications to proceed IFP, First IFP Application, Dkt. 2;
Second IFP Application, Dkt. 4, are denied.
Should Plaintiff wish to proceed with this action, he must pay the filing fee of $405.00 to
the Clerk of Court of the Eastern District of New York or he may amend his IFP request by filing
a long-form IFP application within fourteen days from the date of this Order. If Plaintiff pays the
filing fee, the Clerk of Court shall issue a summons and Plaintiff must have the summons and
complaint served on the Defendant in accordance with Rule 4 of the Federal Rules of Civil
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Procedure. Plaintiff is warned that failure to pay the filing fee or file a long-form IFP application
within the time allowed will result in dismissal of this action without prejudice.
B. Appointment of Counsel
Plaintiff moves for the appointment of counsel “because the legal system is complex and a
lawyer can provide expert knowledge, help achieve the best possible outcome in [his] specific
case, [and] equal representation.” Request to Appoint Counsel at 1. Plaintiff’s Request to Appoint
Counsel is referred to Magistrate Judge Robert M. Levy.
Plaintiff may also seek free, confidential, limited scope legal assistance from the Federal
Pro Se Legal Assistance Project offered by city Bar Justice Center by calling (212) 382-4729 or
online 	at 	https://www.citybarjusticecenter.org/projects/federal-pro-se-legal-assistance-project.
The Federal Pro Se Legal Assistance Project is not a part of, or affiliated with, the United States
District Court.
CONCLUSION
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 IFP status is denied 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 send a copy of this Order to the Plaintiff along
with a long form IFP application and note the mailing on the docket.
SO ORDERED.
/s/
ORELIA E. MERCHANT
United States District Judge
December 1, 2025
Brooklyn, New York
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