Buxbaum v. Shtabsky
- Nelson Roman
- 7:25-cv-00368
- U.S. District Court · Southern District of New York
- 4
In Buxbaum v. Shtabsky, Judge Swain ordered Michael Buxbaum to pay filing fees or submit an application to proceed without prepayment.
Michael Buxbaum must either pay the $405 in fees or submit a signed application to proceed without prepaying fees within 30 days. The action will be dismissed if he does not comply, and no summons will issue at this time.
What happened
In Buxbaum v. Shtabsky, Michael Buxbaum filed the action without paying the required fees or submitting an application to proceed without prepayment. The opinion says he is representing himself.
The court ordered Buxbaum, within 30 days, to pay $405 in fees or submit a signed application explaining why he cannot pay. No summons will issue at this time, and the action will be dismissed if he does not comply.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Buxbaum v. Shtabsky · No. 7:25-cv-00368
- Nelson Roman
- Jan. 22, 2025
Background
Michael Buxbaum filed this civil action without a lawyer. He did not pay the required filing fees and did not submit an application to proceed without prepaying fees.
Court’s Order
The court explained that a civil action in the Southern District of New York generally requires payment of $405: a $350 filing fee and a $55 administrative fee. Alternatively, a plaintiff may request permission to proceed without prepaying fees by submitting a signed application.
The court ordered Buxbaum to do one of those two things within 30 days of the order: pay the $405 or submit the provided application. If he submits the application, it must identify docket number 1:25-CV-00368 (LTS). The court stated that, if it grants the application, Buxbaum may proceed without prepaying fees.
No summons will issue at this time. If Buxbaum complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.