Smith v. Berryhill

Western District of Texas, txwd-6:2018-cv-00065

ORDER GRANTING [1] Motion for Leave to Proceed in forma pauperis. Signed by Judge Robert Pitman.

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FILED APR 0 9 2O1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS Ut WACO DIVISION WE$TE1T CLERK,QURT ittici- CHARLES KEYUNNA SMITH, § Plaint iff § VS Case No. W-18-CV-00065-RP NANCY A. BERRYHILL, Defendant I) 1 031 Before the Court is the Plaintiffs application to proceed in forma pauperis. The Court, having considered this application, finds that the following order should issue. Accordingly, it is ORDERED that the Plaintiffs Application to Proceed in forma pauperis is GRANTED, and the Clerk of the Court is instructed to file Plaintiffs Complaint. Plaintiff is advised that the granting of in forma pauperis status does not prohibit a later determination that the action should be dismissed pursuant to 28 U.S.C. § 1915(e), because the allegation of poverty is untrue or the action is frivolous or malicious. Plaintiff is further advised that, although leave to proceed in forma pauperis has been granted, the Court may, in its discretion, impose costs of court at the conclusion of this lawsuit, as in other cases. See Moore v. McDonald, 30 F.3d 616, 621 (5th Cir. 1994) (holding that imposition of costs on an indigent plaintiff is appropriate when the plaintiffs claims are subsequently dismissed as frivolous under 28 U.S.C. § 19 15(e) and (f)). SIGNED April 9, 2018. 41(F14fr-'C. MANSKE S. MAGISTRATE JUDGE