Albert v. Price et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
Monte Albert,Plaintiff
v.
Velva L. Price, Travis County District
Clerk, in her official capacity as Travis
County District Clerk, and Unknown
Clerk Staff 1-5,Defendants
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1:25-CV-01997-ADA-SH
ORDER
Now before the Court are Plaintiff Monte Albert’s Motion for Permission to File Electronically
(Dkt. 2) and Motion to Proceed In Forma Pauperis (Dkt. 3), both filed December 5, 2025.1
I. Application for Permission to File Electronically
Plaintiff asks the Court to approve his request to become an electronic filing user. Because
Plaintiff states that he has regular access to all the technical requirements necessary to e-file
successfully, the Court GRANTS his Application for Permission to File Electronically (Dkt. 2).
II. Motion to Proceed In Forma Pauperis
The in forma pauperis statute provides:
[A]ny court of the United States may authorize the commencement,
prosecution or defense of any suit . . . without prepayment of fees or
security therefor, by a person who submits an affidavit that
includes a statement of all assets such prisoner possesses that the
person is unable to pay such fees or give security therefor. Such
affidavit shall state the nature of the action, defense or appeal and
affiant’s belief that the person is entitled to redress.
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. 5.
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28 U.S.C. § 1915(a)(1) (emphasis added). Applicants are required to complete all questions in the
Application to Proceed In Forma Pauperis and sign and date an affidavit in support of the
Application that states:
I declare under penalty of perjury the above answers and statements
to be true and correct to the best of my knowledge. I understand that
this affidavit will become an official part of the United States
District Court files and that any false or dishonest answer or
statements knowingly made by me in this Financial Affidavit are
illegal and may subject me to criminal penalties, including any
applicable fines or imprisonment, or both.
Attachment E to Pro Se Manual at 6.2 “One who makes this affidavit exposes himself to the pains
of perjury in a case of bad faith. This constitutes a sanction important in protection of the public
against a false or fraudulent invocation of the statute’s benefits.” Adkins v. E.I. DuPont de Nemours
& Co., 335 U.S. 331, 338 (1948) (cleaned up). “The perjury sanction thus serves to protect the
public against misuse of public funds by a litigant with adequate funds of his own, and against the
filing of ‘frivolous or malicious’ lawsuits funded from the public purse.” Rowland v. Ca. Men’s
Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 205 (1993).
Plaintiff, who is proceeding pro se, did not use this Court’s form affidavit and has not complied
with the statute’s requirements because he failed to execute the perjury provision or answer all
required questions in the form Application. See Pennington v. Inmate Tr. Fund, 116 F.3d 476,
1997 WL 255678 (5th Cir. 1997) (denying motion for leave to proceed in forma pauperis where
the applicant did not submit a signed affidavit attesting to his assets owned); Bey v. Chicory Ct.
Madison III LP, No. 3:21-CV-00066-X, 2021 WL 681440, at *2 (N.D. Tex. Feb. 1, 2021)
(recommending denial of motion to proceed in forma pauperis when plaintiff failed to sign the
2The Pro Se Manual and form applications and affidavits are available on the Court’s website at
https://www.txwd.uscourts.gov/filing-without-an-attorney/pro-se-manual/.
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affidavit under penalty of perjury or answer all questions), R. & R. adopted, 2021 WL 673180
(N.D. Tex. Feb. 22, 2021).
For these reasons, Plaintiff’s Motion to Proceed In Forma Pauperis (Dkt. 3) is DENIED
without prejudice to refiling. To avoid dismissal of this action, Plaintiff has until January 20,
2026 to either (1) pay the $405 filing fee or (2) submit an amended financial affidavit, using the
Court’s form application, that (a) contains Plaintiff’s signature on the affidavit declaring under
penalty of perjury that the information provided is true, and (b) answers all questions in full with
specific dollar amounts. If Plaintiff does not fully comply with this Order by the deadline, this
Magistrate Judge will recommend that this suit be dismissed.
SIGNED on January 5, 2026.
SUSAN HIGHTOWER
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01997-ADA Document 6 Filed 01/05/26 Page 3 of 3