Buxbaum v. Kevin Conway, Esq.

Background

Michael Buxbaum submitted this action to the Southern District of New York by email. The opinion does not address the underlying claims against Kevin Conway, Esq. It states that beginning a civil action requires either payment of the required fees or a request to proceed without prepaying them.

Order

The court ordered Buxbaum to act within 30 days from the date of the order. He had to either pay $405 in fees or submit a completed and signed application to proceed without prepayment of fees. The order explains that the $405 consisted of a $350 filing fee and a $55 administrative fee, subject to possible updates in the fee schedule.

Until the fees were paid or a completed and signed application was received, the court said that no further action would be taken, no summons would issue, and no answer would be required. If Buxbaum complied, the Clerk’s Office would process the case. If the court granted the application, Buxbaum would be allowed to proceed without prepaying 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. The order did not decide the merits of Buxbaum’s claims.