Martinez v. Kijakazi

Filing 3

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

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
ABIGAIL MARTINEZ,
Plaintiff,
vs.
KILOLO KIJAKAZI,
Defendant.

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SA-23-CV-01401-JKP

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 therefore 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 does not have sufficient monthly
resources available to pay the filing fee. Therefore, the Court will grant the motion to proceed
IFP.

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The administrative fee, which is currently $52, 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.
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IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma
pauperis [#1] is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Complaint [#1-2] 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 FINALLY ORDERED that the Clerk execute electronic service on Defendant
pursuant to Rule 3 of the Supplemental Rules for Social Security Actions Under 42 USC 405(g).
SIGNED this 14th day of November, 2023.

ELIZABETH S. ("BETSY") CHESTNEY
UNITED STATES MAGISTRATE JUDGE

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