Buxbaum v. Bank of America, N.A.
- Laura Swain
- 1:25-cv-00517
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Bank of America, Judge Swain ordered payment or an IFP application within 30 days before the case could proceed.
Michael Buxbaum must either pay $405 in fees or submit a completed and signed application to proceed without paying the fees in advance within 30 days; otherwise, the action will be dismissed without prejudice to refiling.
What happened
Buxbaum v. Bank of America, N.A. was submitted to the Southern District of New York by email and assigned a case number. The court had not yet required the defendant to answer or issued a summons.
The court ordered Michael Buxbaum to either pay $405 in fees or submit a signed application to proceed without paying the fees in advance within 30 days. No further action would be taken until one of those steps occurred.
Judge Laura Taylor Swain ordered that the case would be dismissed without prejudice to refiling if Buxbaum failed to comply or request more time. She also denied permission to proceed without paying fees for any appeal from the order.
The detailed version
- Buxbaum v. Bank of America, N.A. · No. 1:25-cv-00517
- Laura Swain
- Jan. 21, 2025
Background
Michael Buxbaum submitted this civil action to the court by email. The court assigned it docket number 25-CV-0517 (LTS). The opinion does not address the underlying claims against Bank of America, N.A.
Order
The court explained that a person starting a civil action must either pay the required fees or submit a signed application to proceed without paying fees in advance, commonly called an IFP application. The total fees were $405: a $350 filing fee and a $55 administrative fee.
Within 30 days of the order, Buxbaum was required to pay the fees or complete, sign, and submit the attached IFP application. The court stated that no further action would be taken, no summons would issue, and no answer would be required until payment or a completed and signed IFP application was received. If the application were granted, Buxbaum could proceed without paying the fees in advance.
Disposition
Judge Laura Taylor Swain 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 that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order was procedural and did not decide the merits of Buxbaum's claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.