Opinion
SA-22-CV-00038-XR
01-27-2022
SHENIKA BRINSON, Plaintiff, v. PARK ON BANDERA APARTMENTS, THE LAW OFFICE OF DAVID E. DILLEY, PLLC, Defendants.
ORDER
ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE
Before the Court in the above-styled cause of action are Plaintiff's pro se Application to Proceed in District Court without Prepaying Fees or Costs and proposed civil Complaint, filed January 18, 2022 [#1]. The motion 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). By her motion, Plaintiff seeks leave to proceed in forma pauperis (“IFP”) based on her inability to afford court fees and costs. Having considered the motion and documentation provided by Plaintiff, the Court will grant the motion to proceed IFP and order service of Plaintiff's Complaint.
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. See 28 U.S.C. § 1914(a). Plaintiff's motion to proceed IFP includes her income and asset information, which indicates that Plaintiff is unemployed, has one dependent, and no savings or assets. The information 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.
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.
Pursuant to the Court's October 8, 2019 Standing Order, the undersigned reviewed Plaintiffs proposed Complaint for frivolousness. The Court finds that Plaintiffs proposed Complaint involves at least one non-frivolous claim. Therefore, Defendants should be served with this lawsuit.
IT IS THEREFORE ORDERED that Plaintiffs pro se Application to Proceed in District Court without Prepaying Fees or Costs [#1] is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs Complaint [#1-1] shall be filed by the Clerk without prepayment of fees, costs or the giving of security therefore, 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, if not already accomplished, within ten (10) days of the date of this Order, Plaintiff shall submit to the Clerk's Office a fully completed United States Marshal Service Form 285, including fully complete addresses, for each Defendant required to be served and the United States Marshal's Service shall serve each Defendant with a copy of the Complaint and a copy of this order by certified mail, return receipt requested.