Buxbaum v. TD Bank
- Katherine Failla
- 1:24-cv-09832
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. TD Bank, Judge Swain ordered Michael Buxbaum to pay $405 or submit an IFP application within 30 days.
Michael Buxbaum and the processing of his action against TD Bank.
What happened
In Buxbaum v. TD Bank, Michael Buxbaum filed the case without paying the required fees or submitting an application to proceed without prepaying them.
The court gave Buxbaum 30 days from January 8, 2025, to pay $405 or submit a signed application to proceed without prepayment. No summons would be issued at that time.
If Buxbaum does not comply, the action will be dismissed; if he does comply, the Clerk’s Office will process the case. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Buxbaum v. TD Bank · No. 1:24-cv-09832
- Katherine Failla
- Jan. 8, 2025
Background
Michael Buxbaum brought this action pro se, meaning without a lawyer. He submitted the complaint without paying the required filing fees and without submitting an application to proceed in forma pauperis, or without prepaying court fees.
Order
The court explained that proceeding with a civil action requires either payment of $405—consisting of a $350 filing fee and a $55 administrative fee—or a signed application requesting permission to proceed without prepayment. The court ordered Buxbaum, within 30 days of the order, to pay the fees or submit the attached application. The application was to identify docket number 24-CV-9832 (LTS).
No summons would issue at that time. If Buxbaum complied, the Clerk’s Office would process the case under its procedures. If he failed to comply within the allowed period, the action would be dismissed.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Classification
This is a procedural order addressing payment of filing fees and an application to proceed without prepayment; it does not decide the underlying claims against TD Bank.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.