Finch v. Saul

Western District of Texas, txwd-5:2019-cv-01491

ORDER GRANTING 1 Motion for Leave to Proceed in forma pauperis Signed by Judge Elizabeth S. Chestney.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION TRACY MARIE FINCH, § § Plaintiff, § SA-19-CV-01491-XR § vs. § § ANDREW M. SAUL, COMMISSIONER § OF SOCIAL SECURITY; § § Defendant. § ORDER Before the court in the above-styled cause of action is Plaintiff's motion to proceed in forma pauperis [#1]. This case was automatically referred to the undersigned upon filing, and the undersigned has authority to enter this order pursuant to 28 U.S.C. § 636(b)(1)(A). Plaintiff seeks leave to proceed in forma pauperis ("IFP") based on an inability to afford court fees and costs. Having considered Plaintiff's application and supporting affidavit, the Court is of the opinion the motion should be granted. All parties instituting any civil action, suit, or proceeding in a district court of the United States, except an application for a writ of habeas corpus, must pay a filing fee of $350, as well as an administrative fee.1 See 28 U.S.C. § 1914(a). Plaintiff's motion to proceed IFP includes income and asset information, which indicates that Plaintiff is unemployed but receives monthly disability or worker's compensation payments and has only $1,600.00 in savings. Plaintiff's summary of regular monthly expenses demonstrates that her expenses exceed her income and 1 The administrative fee, which is currently $50, is waived for plaintiffs who are granted IFP status. See District Court Miscellaneous Fee Schedule, available at http://www.uscourts.gov/services-forms/fees/district-court-miscellaneous-fee-schedule. 1 that she does not have sufficient monthly resources available to pay the filing fee. Accordingly, the Court will grant the motion to proceed IFP. IT IS THEREFORE ORDERED that Plaintiff's application to proceed in forma pauperis [#1] is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Complaint [#1-1] shall be filed by the Clerk without prepayment of fees, costs or the giving of security, and the Clerk shall, until further Order of this Court, waive the collection of any other fees or costs from Plaintiff. IT IS FURTHER ORDERED that the Clerk issues the summonses requested by Plaintiff [#3]. SIGNED this 3rd day of January, 2020. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 2