Opinions and documents
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
ADAM JOSEPH VEGA, §
Plaintiff §
§
v. §
§ CASE NO. 1:24-CV-01272-RP-SH
COMMISSIONER OF SOCIAL
§
SECURITY,
§
Defendant
§
ORDER
Now before the Court are Plaintiff Adam Joseph Vega’s Application to Proceed In Forma
Pauperis (Dkt. 1) and Complaint (Dkt. 1-1), both filed October 23, 2024. The District Court
referred this case to this Magistrate Judge, pursuant to 28 U.S.C. § 636(b), Federal Rule of Civil
Procedure 72, Rule 1 of Appendix C of the Local Rules of the United States District Court for the
Western District of Texas, and the Court Docket Management Standing Order for United States
District Judge Robert Pitman. Dkt. 2.
I. Motion to Proceed In Forma Pauperis
Plaintiff Adam Joseph Vega, who is represented by an attorney, seeks leave to file his
Complaint without having to pay the filing fee. After reviewing his Application to Proceed In
Forma Pauperis, the Court finds that Vega is unable to pay the filing fee without suffering undue
hardship. Accordingly, the Court hereby GRANTS him in forma pauperis status and ORDERS
his Complaint to be filed without pre-payment of fees or costs or giving security therefor pursuant
to 28 U.S.C. § 1915(a)(1). This in forma pauperis status is granted subject to a later determination
that 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)(2). Vega is further advised that 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. Moore v. McDonald, 30 F.3d 616, 621
(5th Cir. 1994).
II. Frivolousness Review Under Section 1915(e)(2)
Because Vega has been granted leave to proceed in forma pauperis, the Court is required by
standing order to review his Complaint under § 1915(e)(2). A court may summarily dismiss a
complaint filed in forma pauperis if it concludes the action is (1) frivolous or malicious, (2) fails
to state a claim on which relief may be granted, or (3) seeks monetary relief against a defendant
who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B).
In deciding whether a complaint states a claim, “[t]he court’s task is to determine whether the
plaintiff has stated a legally cognizable claim that is plausible, not to evaluate the plaintiff’s
likelihood of success.” Lone Star Fund V (U.S.), L.P. v. Barclays Bank PLC, 594 F.3d 383, 387
(5th Cir. 2010). “A claim has facial plausibility when the plaintiff pleads factual content that allows
the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “The plausibility standard is not akin to a ‘probability
requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.”
Id. The Court must “accept as true the allegations of the complaint, together with any reasonable
inferences that may be drawn therefrom.” Ryland v. Shapiro, 708 F.2d 967, 969 (5th Cir. 1983).
Vega applied for disability benefits under Title II of the Social Security Act, and the
Administrative Law Judge (“ALJ”) denied his application. Dkt. 1-1 ¶¶ 1-2, 6. Vega alleges that
the decision is not supported by substantial evidence and is contrary to law. Vega has exhausted
his administrative remedies and now seeks judicial review under 42 U.S.C. § 405(g).
The Court finds that Vega’s allegations are sufficient at this stage of the case to avoid dismissal
for frivolousness under 28 U.S.C. § 1915(e)(2)(B). The Court does not recommend that the District
Court dismiss this case under § 1915(e)(2)(B).
I. Order
For these reasons, the Court GRANTS Plaintiff Adam Joseph Vega’s Application to Proceed
In Forma Pauperis (Dkt. 1) and ORDERS the Complaint (Dkt. 1-1) to be filed without
prepayment of fees or costs or giving security therefor, pursuant to 28 U.S.C. § 1915(a)(1).
The Court FURTHER ORDERS that the Clerk notify the Commissioner of this action by
transmitting a Notice of Electronic Filing to the Social Security Administration’s Office of General
Counsel and to the United States Attorney for the Western District of Texas pursuant to Rule 3 of
the Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g).
SIGNED on November 1, 2024.
Bhb—
SUSAN HIGHTOWER
UNITED STATES MAGISTRATE JUDGE
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