Cruz v. Wellpath
Alizeyah Cruz v. Wellpath; Westchester County; Westchester Department of Corrections
- Laura Swain
- 1:25-cv-09212
- U.S. District Court · Southern District of New York
- 2
In Cruz v. Wellpath, Judge Swain ordered Alizeyah Cruz to pay fees or submit a prisoner authorization within 30 days to continue the case.
Alizeyah Cruz, a detained prisoner proceeding without a lawyer, must either pay the required fees or submit a prisoner authorization within 30 days for the action to proceed; the defendants are not subject to a merits ruling in this order.
What happened
In Alizeyah Cruz v. Wellpath; Westchester County; Westchester Department of Corrections, Alizeyah Cruz brought a civil case while detained at the Westchester County Jail and proceeding without a lawyer. The opinion does not address the claims’ underlying facts or legal merits.
Cruz requested permission to proceed without paying the fees upfront but did not submit the required prisoner authorization. That authorization allows installment deductions from a prisoner’s account and requires certified account statements for the previous six months.
The court ordered Cruz, within 30 days, either to pay $405 in fees or submit the authorization. Judge Laura Taylor Swain also directed that no summons issue yet, stated that the case would be processed if Cruz complied, and stated that the action would be dismissed if Cruz did not comply. The court denied permission to proceed without fees for any appeal from this order.
The detailed version
- Cruz v. Wellpath · No. 1:25-cv-09212
- Laura Swain
- Nov. 6, 2025
Background
Alizeyah Cruz, who was detained at the Westchester County Jail, brought this civil action without a lawyer. Cruz submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis, or IFP. Cruz did not submit the required prisoner authorization.
Court’s Analysis
The court explained that a prisoner bringing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or request IFP status by submitting a signed IFP application and a prisoner authorization. If IFP status is granted, the Prison Litigation Reform Act requires collection of the $350 filing fee through installment deductions from the prisoner’s account. The authorization also directs the correctional facility to make those deductions and send the court certified account statements for the prior six months. The $55 administrative fee does not apply to a person granted IFP status.
Order
Within 30 days of the order, Cruz must either pay the $405 in fees or complete and submit the attached prisoner authorization, labeled with docket number 25-CV-9212 (LTS). No summons will issue at this time. If Cruz complies, the case will be processed under the Clerk’s Office procedures; if Cruz does not comply within the allowed time, the action will be dismissed.
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. This order addresses filing requirements and does not decide the underlying claims.
Effect on the Parties
The order requires Alizeyah Cruz to take one of the specified fee-related steps before the case proceeds. It does not make a merits ruling concerning Wellpath, Westchester County, or the Westchester Department of Corrections.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.