Pearson v. Wellpath Health Services
- Kenneth Karas
- 7:24-cv-01714
- U.S. District Court · Southern District of New York
- 3
In Pearson v. Wellpath Health Services, Judge Swain ordered a prisoner to pay fees or submit authorization within 30 days.
Robert Pearson, who must either pay the required fees or submit a prisoner authorization within 30 days for the case to proceed; the defendants had not yet been served because no summons was issued.
What happened
Pearson v. Wellpath Health Services concerns Robert Pearson’s pro se civil action against Wellpath Health Services and other defendants. Pearson, who was incarcerated at Orange County Jail, submitted an application to proceed without paying fees upfront but did not submit the required prisoner authorization.
The court ordered Pearson, within 30 days, either to pay $405 in fees or submit the completed authorization. The authorization would allow installment payments of the $350 filing fee from his prison account and require certified account statements. The court directed that no summons issue at that time.
Judge Laura Taylor Swain stated that the case would be processed if Pearson complied and would be dismissed if he did not. The court also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Pearson v. Wellpath Health Services · No. 7:24-cv-01714
- Kenneth Karas
- Mar. 8, 2024
Background
Robert Pearson, who was incarcerated at Orange County Jail, filed this civil action without a lawyer. He submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis, or IFP. He did not submit the separate prisoner authorization required for an incarcerated person seeking IFP status.
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. The administrative fee does not apply to a person who is granted IFP status. The prisoner authorization permits the court to collect the $350 filing fee in installments from the prisoner’s account and requires the facility to provide certified account statements for the previous six months.
The court ordered Pearson to pay the $405 or submit the completed prisoner authorization within 30 days of the order. The authorization had to identify docket number 24-CV-1714 (LTS). No summons would issue at that time.
Disposition and effect
The court stated that the case would be processed under the Clerk’s Office procedures if Pearson complied. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order addressed filing requirements and did not decide the underlying claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.