Garza v. Colvin

Filing 2

ORDER GRANTING 1 Motion for Leave to Proceed in forma pauperis and directing service. Signed by Judge Andrew W. Austin. (td)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
AMELIA GARZA,

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

A-16-CV-518-SS

ORDER
Before the Court is Plaintiff’s Motion Proceed In Forma Pauperis and Financial Affidavit in
Support (Dkt. No. 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 she is indigent. Accordingly,
the Court HEREBY GRANTS Plaintiff in forma pauperis status and ORDERS her 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 she has been granted
leave to proceed in forma pauperis, the Court may, in its discretion, impose costs of court against
her at the conclusion of this lawsuit, as in other cases. See Moore v. McDonald, 30 F.3d 616, 621
(5th Cir. 1994).
SIGNED this 9 day of May, 2016.

_____________________________________
ANDREW W. AUSTIN
UNITED STATES MAGISTRATE JUDGE

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