Buxbaum v. Experian
- Laura Swain
- 1:25-cv-00404
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Experian, Judge Swain ordered payment of filing fees or an application to proceed without them.
Michael Buxbaum and Experian; the case cannot proceed until the required fees are paid or a completed and signed application to proceed without prepaying fees is received.
What happened
Buxbaum v. Experian was submitted to the Southern District of New York by email and assigned a docket number. The order does not describe the underlying claims.
The court gave Michael Buxbaum 30 days to pay $405 in fees or submit a signed application to proceed without paying the fees upfront. Until one of those steps occurs, the case will not proceed, and no summons or answer is required.
Judge Laura Taylor Swain ordered that the case would be dismissed without prejudice to refiling if Buxbaum did not comply or request more time. She also denied permission to appeal without paying fees for purposes of an appeal and certified that an appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Experian · No. 1:25-cv-00404
- 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 opinion does not describe the claims against Experian.
Order
The court ordered Buxbaum, within 30 days, to do one of two things: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit a completed and signed application to proceed without prepaying the fees. The court explained that an application to proceed without prepaying fees is commonly called an in forma pauperis application.
No further action would be taken, and no summons would issue or answer would be required, until the fees were paid or the completed application was received. If Buxbaum complied, the Clerk’s Office would process the case. If the court granted the application, Buxbaum could proceed without prepaying the fees.
Disposition
The court ordered that the action would be dismissed without prejudice to refiling if Buxbaum failed to comply within the allowed time or failed to request an extension. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing requirements and did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.