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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

DESIREE CHACON SAENZ,

 Plaintiff,

vs.

ANDREW SAUL, SOCIAL SECURITY 

COMMISSIONER;

 Defendant.

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SA-20-CV-00585-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 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 is unemployed and relies on public

assistance, family, and friends to meet her basic needs. Plaintiff also names several dependents

and indicates that she lacks any savings or assets. This information demonstrates that Plaintiff

1 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.

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does not have sufficient monthly resources available to pay the filing fee, and the Court will

grant the motion to proceed IFP. 

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 FURTHER ORDERED that, if not already accomplished, within ten (10) days of 

the date of this Order, Plaintiff 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).

 IT IS SO ORDERED.

SIGNED this 14th day of May, 2020.

ELIZABETH S. ("BETSY") CHESTNEY

UNITED STATES MAGISTRATE JUDGE

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