Abella v. Lumenote Ltd. et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
JULIUS ABELLA,
Plaintiff
v.
LUMENOTE LTD. and JENNY
LEE ALSO KNOWN AS SHU
TING LI,
Defendants
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No. 1:25-CV-01779-ADA-SH
ORDER
Before the Court is Plaintiff’s Amended Application to Proceed in District Court Without
Prepaying Fees or Costs (Dkt. 10), filed November 20, 2025.1
I. Application to Proceed In Forma Pauperis
Under § 1915(a)(1), a district court may permit a plaintiff to file an action in federal court
“without prepayment of fees or security therefor” if the plaintiff shows by affidavit that he cannot
pay such fees. The district court’s decision 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). The
movant need not be “absolutely destitute to enjoy the benefit of the statute.” Adkins v. E.I. DuPont
de Nemours & Co., 335 U.S. 331, 339 (1948). Instead, the question is whether the movant can
afford the costs without undue hardship or deprivation of “the necessities of life.” Id.
After reviewing Plaintiff’s application, the Court finds that she cannot pay the filing fee
without experiencing undue financial hardship and GRANTS her application for in forma
1 The District Court referred to this Magistrate Judge all non-dispositive pretrial matters for disposition and
all case-dispositive motions for findings and recommendations, pursuant to 28 U.S.C. § 636(b)(1), 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 Judge Alan D Albright’s Standing Order on referrals to United States
Magistrate Judges. Dkt. 3.
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pauperis status. Plaintiff is advised that in forma pauperis status is granted subject to a later
determination that this 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). Plaintiff is also advised that
although she has been granted leave to proceed in forma pauperis, the Court may 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. Review Under Section 1915(e)(2)(B)
Because Plaintiff has been granted leave to proceed in forma pauperis, the Court is required
by standing order to review her complaint under 28 U.S.C. § 1915(e)(2)(B). A court may
summarily dismiss or partly 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, the 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). This Magistrate Judge does not recommend that the
District Court dismiss this case under 28 U.S.C. § 1915(e)(2)(B) at this time.
III. Conclusion
The Court GRANTS Plaintiff’s Application to Proceed in District Court Without Prepaying
Fees or Costs (Dkt. 10) and ORDERS Plaintiff’s Complaint to be filed without prepayment of
fees or costs or giving security therefor, pursuant to 28 U.S.C. § 1915(a)(1); the Clerk to issue
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summons; and the United States Marshals Service to attempt service in this case without pre-
payment of a service fee.
SIGNED on December 1, 2025.
SUSAN HIGHTOWER
UNITED STATES MAGISTRATE JUDGE
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