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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

ROBIN BETHANY,

 Plaintiff,

vs.

OMNI AIR INTERNATIONAL,

 Defendant.

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SA-20-CV-00209-XR

ORDER

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 

February 21, 2020 [#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.1 See 28 U.S.C. § 1914(a). Plaintiff’s motion to proceed IFP includes her 

income and asset information, which indicates that Plaintiff is employed but is currently on 

medical leave due to seizures and ongoing psychological care and not receiving any income from 

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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her employment. Plaintiff has submitted her 2019 income tax return with her IFP application, 

and her gross income for 2019 was $12,105. Although Plaintiff receives monthly income from 

an annuity, she only has $6,000 in savings and carries credit card debt in the amount of $20,000. 

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. 

Pursuant to the Court’s October 8, 2019 Standing Order, the undersigned reviewed 

Plaintiff’s proposed Complaint for frivolousness. Plaintiff has sued her current employer, Omni 

Air International, under Title VII of the Civil Rights Act of 1964 for disability discrimination 

and for harassment. Plaintiff’s Complaint alleges that she filed charges against Defendant with 

the Equal Employment Opportunity Commission (“EEOC”) on March 3, 2019, and the EEOC 

issued a Right to Sue Letter on November 25, 2019. Plaintiff included a copy of her Charge of 

Discrimination and the Right to Sue letter with her proposed Complaint. Although Plaintiff 

selected Title VII as the statutory basis of her lawsuit, her factual allegations describe disability 

discrimination, not discrimination based on a protected characteristic under Title VII. Plaintiff’s 

EEOC Charge exhausted her claim for disability discrimination and cites to the Americans with 

Disabilities Act. 

Accordingly, Plaintiff’s proposed Complaint demonstrates that she properly exhausted 

her administrative remedies and timely filed this federal action within 90 days of receiving her 

Right to Sue Letter. See 42 U.S.C. § 2000e-5(f)(1). The Court additionally finds that Plaintiff’s 

proposed Complaint involves at least one non-frivolous claim. Therefore, Defendant should be 

served with this lawsuit. 

IT IS THEREFORE ORDERED that Plaintiff’s pro se Application to Proceed in 

District Court without Prepaying Fees or Costs [#1] is GRANTED. 
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IT IS FURTHER ORDERED that Plaintiff’s 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.

SIGNED this 5th day of March, 2020.

ELIZABETH S. ("BETSY") CHESTNEY

UNITED STATES MAGISTRATE JUDGE