1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

BRIAN COLLISTER,

Plaintiff

v.

TEGNA INC., et. al.,

Defendants

§

§

§

§

§

§

§

 No. 1:21-CV-1112-LY

ORDER 

Before the Court is Plaintiff Brian Collister’s Application to Proceed In Forma 

Pauperis and Financial Affidavit in Support and Complaint, See Dkt. 2. The 

Magistrate Court has reviewed Collister’s financial affidavit and determined that he

is indigent and should be granted leave to proceed in forma pauperis, without 

prepayment of fees.

Accordingly, the Magistrate Court hereby ORDERS Collister’s request to 

proceed in forma pauperis, Dkt. 2, is GRANTED. The Clerk of the Court shall file 

Collister’s complaint without prepayment of fees or costs or giving security therefor 

pursuant to 28 U.S.C. § 1915(a). This indigent status is granted subject to a later 

determination the action should be dismissed if the allegation of poverty is untrue or 

the action is found frivolous or malicious pursuant to 28 U.S.C. § 1915(e). Collister 

is further advised, although he has been granted leave to proceed in forma pauperis, 

a court may, in its discretion, impose costs of court at the conclusion of this lawsuit, 

as in other cases. See Moore v. McDonald, 30 F.3d 616, 621 (5th Cir. 1994).

Case 3:22-cv-00800-S-BN Document 5 Filed 12/21/21 Page 1 of 3 PageID 36
2

The Magistrate Court FURTHER ORDERS the Clerk of the Court shall issue 

summons and the United States Marshal is ordered to commence service of process, 

including service of Collister’s complaint upon the named defendants under Rules 4 

and 5 of the Federal Rules of Civil Procedure.

Because Collister has been granted leave to proceed in forma pauperis, the 

Court is required by standing order to review his Complaint under § 1915(e)(2). After 

reviewing Collister’s Complaint, the Court has determined that this case should not 

be dismissed as frivolous at this time. However, the Court cautions Collister that the 

Court may make a determination in the future that the action should be dismissed 

because the allegation of poverty is untrue or the action is frivolous or malicious 

pursuant to 28 U.S.C. § 1915(e). Collister is further advised that, although he has 

been granted leave to proceed in forma pauperis, the Court may, in its discretion, 

impose costs of court against him at the conclusion of this lawsuit, as in other cases. 

See Moore v. McDonald, 30 F.3d 616, 621 (5th Cir. 1994).

The Magistrate Court FINALLY ORDERS Collister’s request for permission 

to file electronically in this matter, Dkt. 3, is GRANTED. Collister is instructed to 

review the court’s Administrative Policies and Procedures for Electronic Filing, and 

is reminded that under Section 6(h) of those Policies and Procedures, “if it is 

determined by the Court that the Filing User is abusing the privilege to electronically 

file documents or is consistently error prone in electronic filing, the Filing User’s 

registration may be rescinded.”

Case 3:22-cv-00800-S-BN Document 5 Filed 12/21/21 Page 2 of 3 PageID 37
3

SIGNED December 21, 2021.

DUSTIN M. HOWELL

UNITED STATES MAGISTRATGE JUDGE

Case 3:22-cv-00800-S-BN Document 5 Filed 12/21/21 Page 3 of 3 PageID 38