Christopher Saint Jour v. Nizom Tura, Paul Mallio, Detective John Doe, Officer...

District Court, E.D. New York

Christopher Saint Jour v. Nizom Tura, Paul Mallio, Detective John Doe, Officer...

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------x 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. -------------------------------------------------------------x 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. 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 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

Reference

Full Case Name
Christopher Saint Jour v. Nizom Tura, Paul Mallio, Detective John Doe, Officer Jane Doe, City of New York, NYC Office of Mental Health, and Maximo Sabala
Status
Unknown