Olivarez v. Colvin

Filing 2

ORDER GRANTING James Olivarez 1 Motion for Leave to Proceed in forma pauperis. ORDER that the Clerk to issue summons in this case and ORDERS the United States Marshals Service to attempt service. Signed by Judge Andrew W. Austin. (klw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
JAMES OLIVAREZ,

§
§
V.
§
§
CAROLYN W. COLVIN,
§
ACTING COMMISSIONER OF THE
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SOCIAL SECURITY ADMINISTRATION. §

A-16-CV-122-SS

ORDER
Before the Court is Plaintiff’s Application to Proceed In Forma Pauperis (Dkt. No. 1-1). The
District Court referred the Motion to the undersigned Magistrate Judge for a determination pursuant
to 28 U.S.C. §636(b) and Rule 1(c) of Appendix C of the Local Rules of the United States District
Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States
Magistrate Judges.
After reviewing Plaintiff’s Application, the Court finds that he is indigent. Accordingly, the
Court HEREBY GRANTS Plaintiff in forma pauperis status and ORDERS his Complaint be filed
without pre-payment of fees or costs or giving security therefor pursuant to 28 U.S.C. § 1915(a)(1).
The Court FURTHER ORDERS the Clerk to issue summons in this case and ORDERS the United
States Marshals Service to attempt service in this case without pre-payment of a service fee.
Because Plaintiff has been granted leave to proceed in forma pauperis, the Court is required
by standing order to review the Complaint under §1915(e)(2).

After reviewing Plaintiff’s

Complaint, the Court has determined that this case should not be dismissed as frivolous at this time.
The Court cautions Plaintiff that the Court may make a determination in the future that the action
should be dismissed because the allegation of poverty is untrue or the action is frivolous or malicious
pursuant to 28 U.S.C. § 1915(e). Plaintiff is further advised that, although he has been granted leave

to proceed in forma pauperis, the Court may, in its discretion, impose costs of court against him at
the conclusion of this lawsuit, as in other cases. See Moore v. McDonald, 30 F.3d 616, 621 (5th Cir.
1994).
SIGNED this 2 day of March, 2016.

_____________________________________
ANDREW W. AUSTIN
UNITED STATES MAGISTRATE JUDGE

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