Culbreth v. Wellpath
- Laura Swain
- 1:24-cv-00090
- U.S. District Court · Southern District of New York
- 3
In Culbreth v. Wellpath, Judge Swain ordered prisoner Kareem H. Culbreth to pay fees or submit authorization within 30 days or face dismissal.
Kareem H. Culbreth and the continuation of his civil action against Wellpath and the other defendants.
What happened
Culbreth v. Wellpath is a civil case brought by Kareem H. Culbreth, who is incarcerated and proceeding without a lawyer. He submitted an application to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court ordered Culbreth, within 30 days, either to pay $405 in fees or complete and submit the attached authorization. The authorization would allow installment payments of the $350 filing fee from his prison account and provide the court with account statements. No summons will issue at this time, and the action will be dismissed if he does not comply.
Judge Swain also denied permission to proceed without paying fees for any appeal from this order, finding that an appeal would not be taken in good faith. The order did not decide the underlying claims against Wellpath or the other defendants.
The detailed version
- Culbreth v. Wellpath · No. 1:24-cv-00090
- Laura Swain
- Jan. 11, 2024
Background
Kareem H. Culbreth, who is incarcerated at Orange County Jail, filed this civil action without a lawyer. He submitted an application to proceed in forma pauperis (IFP), meaning to proceed without prepaying the court fees, but he did not submit the required prisoner authorization.
Court’s Order
The court explained that a prisoner must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed IFP application and prisoner authorization. Although the administrative fee does not apply to a person granted IFP status, the Prison Litigation Reform Act requires the $350 filing fee to be paid in installments even when IFP status is granted.
Within 30 days of the order, Culbreth must either pay the $405 or complete and submit the prisoner authorization labeled with docket number 24-CV-0090 (LTS). The authorization permits the agency holding him in custody to provide certified account statements for the previous six months and deduct the required installments from his prison account. No summons will issue at this time. If Culbreth does not comply within the allowed period, the action will be dismissed.
Other Rulings
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied IFP status for purposes of an appeal. The order also warned about the possible consequences under 28 U.S.C. § 1915(g) of later dismissals based on frivolousness, maliciousness, or failure to state a claim. This order did not address the merits of Culbreth’s claims against Wellpath or the other defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.