IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
EFRAIN RASCON JR., Plaintiff, v. Civ. No. 26-2162 GBW UNITED STATES DEPARTMENT OF AGRICULTURE and FARM SERVICE AGENCY, Defendants. ORDER GRANTING APPLICATIONTO PROCEEED IN FORMA PAUPERIS, ORDER FOR SERVICE, AND NOTICE REGARDING CASE MANAGEMENT
Pro se Plaintiff filed a motion to proceed in forma pauperis using an Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) (“Short Form Application”) which does not provide sufficient information for the Court to determine whether a plaintiff is unable to pay the required fees. See doc. 2. The Court ordered Plaintiff to file an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form). Doc. 4. Plaintiff filed a Long Form Application on July 13, 2026.
Doc. 5. The statute for proceedings in forma pauperis, 28 U.S.C. § 1915(a), provides that the Court may authorize the commencement of any suit without prepayment of fees by a person who submits an affidavit that includes a statement of all assets the person
possesses and that the person is unable to pay such fees. When a district court receives an application for leave to proceed in forma pauperis, it should examine the papers and determine if the requirements of [28 U.S.C.] § 1915(a) are satisfied. If they are, leave should be granted. Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.]
Menefee v. Werholtz, 368 F. App’x. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “The statute [allowing a litigant to proceed in forma pauperis] was intended for the benefit of those too poor to pay or give security for costs[.]” Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 344 (1948). While a litigant need not be “absolutely destitute,” “an affidavit is sufficient which states that one cannot because of his poverty pay or give security for the costs and still be able to provide himself and dependents with the necessities of life.” Id. at 339. The Court grants Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs. Plaintiff signed an affidavit stating he is unable to pay the
costs of these proceedings and provided the following information: (i) Plaintiff and his spouse’s combined average monthly income amount during the past 12 months is $1,352.00; (ii) Plaintiff and his spouse’s combined monthly expenses total $3,425.00; and
(iii) Plaintiff’s two minor children rely on him for support. See doc. 5. The Court finds that Plaintiff is unable to pay the costs of this proceeding because Plaintiff signed an affidavit stating he is unable to pay the costs of this proceeding and because his and his spouse’s combined monthly expenses exceed their monthly income. Because the Court is granting Plaintiff’s Long Form Application, the Court denies Plaintiff’s Short Form Application, doc. 2, as moot.
Order for Service Rule 4 of the Federal Rules of Civil Procedure states the Court must order that “service be made by a United States marshal or deputy marshal or by a person specially
appointed by the court” “if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915.” Fed. R. Civ. P. 4(c)(3). The Court orders the Clerk of the Court to provide a copy of this Order,
summonses and a copy of the Complaint to the United States Marshals Service for service on Defendants United States Department of Agriculture and Farm Service Agency at the addresses provided by Plaintiff in his Complaint. See doc. 1 at 3 (stating that Defendant Farm Service Agency “is an agency under the umbrella of the USDA”);
Fed. R. Civ. P. 4(i)(2) (serving an agency of the United States). Notice Regarding Case Management Generally, pro se litigants are held to the same standards of professional responsibility as trained attorneys. It is a pro se litigant’s responsibility to become familiar with and to comply with the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of New Mexico (the “Local Rules”).
Guide for Pro Se Litigants at 4, United States District Court, District of New Mexico (Oct. 2022). The Local Rules, the Guide for Pro Se Litigants and a link to the Federal Rules of Civil Procedure are available on the Court’s website: http://www.nmd.uscourts.gov.
Failure to comply with Court Orders and the Federal and Local Rules of Civil Procedure interferes with the judicial process and may result in monetary and non- monetary sanctions including filing restrictions and dismissal of this case. See Fed. R.
Civ. P. 41(b) (“If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action[.]”); Gustafson v. Luke, 696 F. App’x 352, 354 (10th Cir. 2017) (“Although the language of Rule 41(b) requires that the
defendant file a motion to dismiss, the Rule has long been interpreted to permit courts to dismiss actions sua sponte for a plaintiff's failure to prosecute or comply with the rules of civil procedure or court's orders.”) (quoting Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003)).
Compliance with Rule 11 The Court reminds Plaintiff of his obligations pursuant to Rule 11 of the Federal Rules of Civil Procedure. See Yang v. Archuleta, 525 F.3d 925, 927 n.1 (10th Cir. 2008)
(“Pro se status does not excuse the obligation of any litigant to comply with the fundamental requirements of the Federal Rules of Civil and Appellate Procedure.”). Rule 11(b) provides: Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
EFRAIN RASCON JR., Plaintiff, v. Civ. No. 26-2162 GBW UNITED STATES DEPARTMENT OF AGRICULTURE and FARM SERVICE AGENCY, Defendants. ORDER GRANTING APPLICATIONTO PROCEEED IN FORMA PAUPERIS, ORDER FOR SERVICE, AND NOTICE REGARDING CASE MANAGEMENT
Pro se Plaintiff filed a motion to proceed in forma pauperis using an Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) (“Short Form Application”) which does not provide sufficient information for the Court to determine whether a plaintiff is unable to pay the required fees. See doc. 2. The Court ordered Plaintiff to file an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form). Doc. 4. Plaintiff filed a Long Form Application on July 13, 2026.
Doc. 5. The statute for proceedings in forma pauperis, 28 U.S.C. § 1915(a), provides that the Court may authorize the commencement of any suit without prepayment of fees by a person who submits an affidavit that includes a statement of all assets the person
possesses and that the person is unable to pay such fees. When a district court receives an application for leave to proceed in forma pauperis, it should examine the papers and determine if the requirements of [28 U.S.C.] § 1915(a) are satisfied. If they are, leave should be granted. Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.]
Menefee v. Werholtz, 368 F. App’x. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “The statute [allowing a litigant to proceed in forma pauperis] was intended for the benefit of those too poor to pay or give security for costs[.]” Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 344 (1948). While a litigant need not be “absolutely destitute,” “an affidavit is sufficient which states that one cannot because of his poverty pay or give security for the costs and still be able to provide himself and dependents with the necessities of life.” Id. at 339. The Court grants Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs. Plaintiff signed an affidavit stating he is unable to pay the
costs of these proceedings and provided the following information: (i) Plaintiff and his spouse’s combined average monthly income amount during the past 12 months is $1,352.00; (ii) Plaintiff and his spouse’s combined monthly expenses total $3,425.00; and
(iii) Plaintiff’s two minor children rely on him for support. See doc. 5. The Court finds that Plaintiff is unable to pay the costs of this proceeding because Plaintiff signed an affidavit stating he is unable to pay the costs of this proceeding and because his and his spouse’s combined monthly expenses exceed their monthly income. Because the Court is granting Plaintiff’s Long Form Application, the Court denies Plaintiff’s Short Form Application, doc. 2, as moot.
Order for Service Rule 4 of the Federal Rules of Civil Procedure states the Court must order that “service be made by a United States marshal or deputy marshal or by a person specially
appointed by the court” “if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915.” Fed. R. Civ. P. 4(c)(3). The Court orders the Clerk of the Court to provide a copy of this Order,
summonses and a copy of the Complaint to the United States Marshals Service for service on Defendants United States Department of Agriculture and Farm Service Agency at the addresses provided by Plaintiff in his Complaint. See doc. 1 at 3 (stating that Defendant Farm Service Agency “is an agency under the umbrella of the USDA”);
Fed. R. Civ. P. 4(i)(2) (serving an agency of the United States). Notice Regarding Case Management Generally, pro se litigants are held to the same standards of professional responsibility as trained attorneys. It is a pro se litigant’s responsibility to become familiar with and to comply with the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of New Mexico (the “Local Rules”).
Guide for Pro Se Litigants at 4, United States District Court, District of New Mexico (Oct. 2022). The Local Rules, the Guide for Pro Se Litigants and a link to the Federal Rules of Civil Procedure are available on the Court’s website: http://www.nmd.uscourts.gov.
Failure to comply with Court Orders and the Federal and Local Rules of Civil Procedure interferes with the judicial process and may result in monetary and non- monetary sanctions including filing restrictions and dismissal of this case. See Fed. R.
Civ. P. 41(b) (“If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action[.]”); Gustafson v. Luke, 696 F. App’x 352, 354 (10th Cir. 2017) (“Although the language of Rule 41(b) requires that the
defendant file a motion to dismiss, the Rule has long been interpreted to permit courts to dismiss actions sua sponte for a plaintiff's failure to prosecute or comply with the rules of civil procedure or court's orders.”) (quoting Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003)).
Compliance with Rule 11 The Court reminds Plaintiff of his obligations pursuant to Rule 11 of the Federal Rules of Civil Procedure. See Yang v. Archuleta, 525 F.3d 925, 927 n.1 (10th Cir. 2008)
(“Pro se status does not excuse the obligation of any litigant to comply with the fundamental requirements of the Federal Rules of Civil and Appellate Procedure.”). Rule 11(b) provides: Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
Fed. R. Civ. P. 11(b). Failure to comply with the requirements of Rule 11 may subject Plaintiff to sanctions, including monetary penalties and nonmonetary directives. See Fed. R. Civ. P. 11(c). IT IS ORDERED that: (i) Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form), doc. 5, is GRANTED. (ii) Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form), doc. 2, is DENIED as MOOT. (iii) The Clerk of the Court shall provide a copy of this Order, a summons for Defendants U.S. Department of Agriculture and Farm Service Agency and a copy of the Complaint, doc. 1, to the United States Marshals Service. The United States Marshals Service shall serve a copy of this Order, a
summons and a copy of the Complaint on: U.S. Department of Agriculture Office of the General Counsel 1400 Independence Ave, SW, Room 107W Whitten Building Washington, D.C. 20250-1400 Farm Service Agency Office of the General Counsel 1400 Independence Ave, SW, Room 107W Whitten Building Washington, D.C. 20250-1400 Rule 4(i)(2) of the Federal Rules of Civil Procedure, which governs service
on United States agencies, requires that the United States must also be served. See Fed. R. Civ. P. 4(i)(1) (governing service on the United States).
x B. WORMUTH CHIEF UNITED STATES MAGISTRATE JUDGE