Buxbaum v. Day

Background

Michael Buxbaum submitted this civil action against Edwin Day to the U.S. District Court for the Southern District of New York by email. The court had assigned the action the listed docket number.

Fee or Application Requirement

The court explained that a plaintiff must either pay the required fees for a civil action or submit a signed application to proceed without prepaying fees. The total required payment was $405, consisting of a $350 filing fee and a $55 administrative fee. The court ordered Buxbaum, within 30 days of the order, to either pay that amount or complete, sign, and submit the attached application.

The order gave instructions for paying by mail or in person. It also stated that no further action would be taken, and no summons would issue or answer would be required, until the fees were paid or a completed and signed application was received. If Buxbaum complied, the case would be processed under the Clerk’s Office procedures. If the court granted the application, Buxbaum would be allowed to proceed without prepaying the fees.

Disposition

Judge Laura Taylor Swain ordered Buxbaum to pay the fees or submit the application within the stated period. If Buxbaum failed to comply or failed to request an extension of time, the action would be dismissed without prejudice to refiling. The court also certified 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.