Buxbaum v. Bridandi
- Laura Swain
- 1:25-cv-00524
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Bridandi, Judge Swain ordered Michael Buxbaum to pay fees or apply to proceed without prepaying them.
Michael Buxbaum, whose case will not proceed unless he pays the required fees or submits a completed and signed application to proceed without prepayment; failure to comply may result in dismissal without prejudice to refiling.
What happened
Buxbaum v. Bridandi began when Michael Buxbaum submitted the action to the Southern District of New York by email. The court said he must either pay the required $405 in fees or request permission to proceed without prepaying them.
Judge Swain gave Buxbaum 30 days to pay or submit a completed and signed application to proceed without prepayment. Until then, the court said it would take no further action, and no summons or answer would be required.
Judge Laura Taylor Swain ordered Buxbaum to pay the fees or submit the application. The order states that if he does not comply or seek more time, the action will be dismissed without prejudice to refiling. The court also denied permission to appeal without prepaying fees.
The detailed version
- Buxbaum v. Bridandi · No. 1:25-cv-00524
- Laura Swain
- Jan. 21, 2025
Background
Michael Buxbaum submitted this civil action to the U.S. District Court for the Southern District of New York by email. The court assigned it docket number 25-CV-0524.
Fee or IFP requirement
The court ordered Buxbaum, within 30 days, to either pay $405 in fees or submit a completed and signed application to proceed without prepaying fees. The order explains that the $405 consists of a $350 filing fee and a $55 administrative fee. An application to proceed without prepayment is commonly called an in forma pauperis, or IFP, application.
The court stated that it would take no further action in the case, and that no summons would issue and no answer would be required, until it received the payment or a completed and signed IFP application. If Buxbaum complied, the Clerk’s Office would process the case. If the court granted the IFP application, Buxbaum would be allowed to proceed without prepaying the fees.
Ruling and effect
Judge Laura Taylor Swain ordered Buxbaum to pay the fees or submit the IFP application. The order states that if he failed to comply within the allowed time, or failed to request an extension, the action would be dismissed without prejudice to refiling. 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.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.