Pearson v. Wellpath Health Services
- Kenneth Karas
- 7:24-cv-01657
- U.S. District Court · Southern District of New York
- 3
In Pearson v. Wellpath, Chief Judge Swain ordered Pearson to pay fees or submit authorization before the case could proceed.
Robert Pearson, the incarcerated plaintiff proceeding without a lawyer, must either pay the required fees or submit the prisoner authorization for the case to proceed.
What happened
In Pearson v. Wellpath Health Services, Robert Pearson, who is incarcerated and representing himself, submitted an application to proceed without paying court fees upfront but did not submit the required prisoner authorization.
The court gave Pearson 30 days to pay $405 in fees or submit the authorization, which permits installment deductions from his prison account. No summons would issue immediately, and the case would be processed only if he complied.
Chief United States District Judge Laura Taylor Swain ordered these steps and stated that failing to comply would result in dismissal. She also denied permission to appeal without prepaying fees.
The detailed version
- Pearson v. Wellpath Health Services · No. 7:24-cv-01657
- Kenneth Karas
- Mar. 6, 2024
Background
Robert Pearson, who is incarcerated at the Orange County Jail, filed this action against Wellpath Health Services without a lawyer. Pearson submitted an application to proceed without prepaying court fees, but he did not submit the separate prisoner authorization required for a prisoner seeking that status.
Court’s Order
The court explained that a civil action ordinarily requires $405 in fees: a $350 filing fee and a $55 administrative fee. A prisoner who is allowed to proceed without prepaying fees must still pay the $350 filing fee in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to make those deductions and provide the court with certified account statements for the previous six months.
Within 30 days of the order, Pearson must either pay the full $405 or submit the completed prisoner authorization labeled with docket number 24-CV-1657 (LTS). No summons will issue at this time. If Pearson complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal and Disposition
Chief United States District Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims against Wellpath Health Services.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.