Rincon v. Prieto Case remanded to 247th District Court, Harris County Texas.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
Jennifer Rincon,
Plaintiff,
v.
Genaro James Prieto,
Defendant.
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Civil Action H-26-1157
MEMORANDUM AND RECOMMENDATION
Pending 	before 	the 	court 	is 	Defendant’s 	Application 	to
Proceed in District Court Without Prepaying Fees or Costs. ECF
No. 2. The court recommends that Defendant’s motion, ECF No. 2,
be DENIED.
1. Legal Standard and Analysis
Defendant Genaro James Prieto, who removed this case to
federal court, requests to proceed in forma pauperis. ECF No. 2.
The court may grant in forma pauperis status to an indigent
litigant “who submits an affidavit that includes a statement of all
assets such [person] possesses that the person is unable to pay
such fees or give security therefor.” 28 U.S.C. § 1915(a)(1).
“[A] district court’s determination of whether a party may
proceed in forma pauperis must be based solely upon economic
criteria.” Gibbs v. Jackson, 92 F.4th 566, 569 (5th Cir. 2024).
“[T]here 	is 	no 	requirement 	that 	an 	individual 	‘be 	absolutely
destitute’ or spend ‘the last dollar they have’ towards the payment
of court costs to enjoy the benefit of in forma pauperis status.” Id.
(citing 	Adkins 	v. 	E.I. 	Du 	Pont 	De 	Nemours 	& 	Co., 	Inc., 	335
U.S. 331, 337 (1948)). The question is whether the litigant can
afford the costs without undue financial hardship or deprivation of
“the necessities of life.” Martinez v. Tex. Gen. Land Office, No. 25-
United States District Court
Southern District of Texas
ENTERED
February 25, 2026
Nathan Ochsner, Clerk
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CV-01745, 2025 WL 3259304, at *1 (W.D. Tex. Nov. 3, 2025) (citing
Adkins, 335 U.S. at 339).
Courts 	consider 	the 	litigant’s 	financial 	resources 	and
expenses 	and 	whether 	those 	expenses 	are 	discretionary 	or
mandatory. Moates v. Biden, No. 22-CV-0626, 2022 WL 3566451,
at *1 (W.D. Tex. June 29, 2022) (citing Prows v. Kastner, 842
F.2d 138, 140 (5th Cir. 1988)), R. & R. adopted, 2022 WL 18110176
(W.D. Tex. Oct. 18, 2022). Courts may look to where the litigant’s
reported income is in relation to applicable poverty guidelines. Id.
Prieto reports that he is employed at St. Martin’s Episcopal
Church, yet Prieto also states that he has not received any income
from his profession or any other sources in the past twelve months.
ECF No. 2 at 1. The only other information Prieto provided is that
he has a single income to support a family of seven. Id. at 2. Prieto
did not report his wages or take-home pay. Prieto also did not
report the amount of money he has in cash or in a savings account,
any valuable property that he owns, or any monthly expenses.
Prieto 	did 	not 	provide 	relevant 	financial 	information. 	Thus,
Prieto’s financial affidavit does not show that paying the court
costs 	and 	fees 	would 	cause 	him 	undue 	financial 	hardship 	or
deprivation 	of 	“the 	necessities 	of 	life.” 	Cf. 	Moates, 	2022
WL 3566451 at *1; see also Linwood v. Fin. Am., LLC, No. 24-CV-
01963, 	2024 	WL 	3682299, 	at 	*1 	(N.D. 	Tex. 	Aug. 	6, 	2024).
Accordingly, the court recommends that Prieto’s request to proceed
in forma pauperis be DENIED.
2. Conclusion
The court recommends that Prieto’s Application to Proceed
in District Court Without Prepaying Fees or Costs, ECF No. 2, be
DENIED.
The 	parties 	have 	fourteen 	days 	from 	service 	of 	this
Memorandum and Recommendation to file written objections. 28
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U.S.C. 	§ 636(b)(1); 	Fed. 	R. 	Civ. 	P. 	72. 	Failure 	to 	timely 	file
objections will preclude appellate review of factual findings or legal
conclusions, 	except 	for 	plain 	error. 	See 	Thomas 	v. 	Arn, 	474
U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276–
77 (5th Cir. 1988).
Signed at Houston, Texas on February 25, 2026.
______________________________________
Peter Bray
United States Magistrate Judge
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