Lopez v. Commissioner of Social Security

Western District of Texas, txwd-5:2019-cv-01088

ORDER GRANTING re {{1}} MOTION to Proceed in forma pauperis filed by Monica Lopez,IT IS FURTHER ORDERED that Plaintiffs Complaint [#1-1] shall be filed by the Clerk without prepayment of fees. It is also ORDERED that the District Clerk docket the proposed summonses and issue the summonses as requested by Plaintiff. 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 MONICA LOPEZ, § § Plaintiff, § SA-19-CV-01088-OLG § vs. § § ANDREW SAUL, COMMISSIONER OF § SOCIAL SECURITY; § § Defendant. § ORDER Before the court in the above-styled cause of action is Plaintiff's original 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 $400.00 per month in child support and $500.00 per month in food stamps. Plaintiff has two dependents, children ages 12 and 13, and lives with a family member for basic support. This information 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 demonstrates that Plaintiff does not have sufficient monthly resources available to pay the filing fee, and 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 District Clerk docket the proposed summonses [#1-4, #1-5, #1-6] and issue the summonses as requested by Plaintiff. SIGNED this 15th day of September, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 2