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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

JOHANNA MAIDITH ARTEAGAMIQUILENA,

 Plaintiff,

vs.

WILLIAM P. BARR, UNITED STATES 

ATTORNEY GENERAL; CHAD WOLF, 

SECRETARY, UNITED STATES 

DEPARTMENT OF HOMELAND 

SECURITY; DANIEL BIBLE, FIELD 

OFFICE DIRECTOR, SAN ANTONIO 

FIELD OFFICE, UNITED STATES 

IMMIGRATION AND CUSTOMS 

ENFORCEMENT; AND REYNALDO 

CASTRO, WARDEN, SOUTH TEXAS 

DETENTION COMPLEX;

 Defendants.

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SA-20-CV-00131-XR

ORDER

Before the court in the above-styled cause of action is Petitioner’s motion to proceed in 

forma pauperis [#1]. This case was referred to the undersigned for all pretrial proceedings on 

February 6, 2020, and the undersigned has authority to enter this order pursuant to 28 U.S.C. § 

636(b)(1)(A). Petitioner seeks leave to proceed in forma pauperis (“IFP”) based on an inability 

to afford court fees and costs. Having considered Petitioner’s application and supporting 

affidavit, the Court is of the opinion the motion should be granted. 

Petitioner seeks to file a petition for a writ of habeas corpus. The filing fee for such a suit 

is $5.

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 See 28 U.S.C. § 1914(a). Petitioner’s motion to proceed IFP includes income and asset 

1 This Court’s administrative fee, which is currently $50, does not apply to applications 

for a writ of habeas corpus and is waived for plaintiffs who are granted IFP status. See District 
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information, which indicates that Petitioner is unemployed, receives no other income, has no 

assets, and is currently being detained at the South Texas Detention Complex at Pearsall, Texas. 

Petitioner does not have sufficient monthly resources available to pay the filing fee. 

Accordingly, the Court will grant the motion to proceed IFP. 

IT IS THEREFORE ORDERED that Petitioner’s application to proceed in forma 

pauperis [#1] is GRANTED.

IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas Corpus [#1-

1] 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, if not already accomplished, within ten (10) days of 

the date of this Order, Petitioner shall either 

• 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; or 

• Through counsel, request issuance of summons from the Clerk and serve each 

Defendant required to be served with a copy of the summons, complaint, and a 

copy of this Order by certified mail, return receipt requested, if possible. See Fed. 

R. Civ. P. 4(e)(1) (permitting service pursuant to state law); Tex. R. Civ. P. 

106(a)(2) (permitting service by certified or registered mail by a person 

authorized to serve by Rule 103); Tex. R. Civ. P. 103 (permitting service by 

certified or registered mail by sheriff, constable, clerk, or any person authorized 

by law).

Court Miscellaneous Fee Schedule, available at http://www.uscourts.gov/servicesforms/fees/district-court-miscellaneous-fee-schedule.
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IT IS SO ORDERED.

SIGNED this 10th day of February, 2020.

ELIZABETH S. ("BETSY") CHESTNEY

UNITED STATES MAGISTRATE JUDGE