Buxbaum v. Cornell
- Nelson Roman
- 7:25-cv-00526
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Cornell, Judge Swain ordered Michael Buxbaum to pay filing fees or request permission to proceed without paying upfront fees within 30 days.
Michael Buxbaum must either pay the required fees or submit a signed application to proceed without paying them upfront; the case will not proceed until he does so.
What happened
In Buxbaum v. Cornell, Michael Buxbaum submitted a civil action to the Southern District of New York by email. The court ordered him to either pay $405 in fees or submit a signed application to proceed without paying the fees upfront.
Until payment or a completed application is received, the court will take no further action, issue no summons, and require no answer from Keith Cornell. If the court approves the application, Buxbaum may proceed without paying the fees upfront.
The order, signed by Chief Judge Laura Taylor Swain, states that failure to comply within 30 days—or to request more time—will result in dismissal without prejudice to refiling. The court also denied permission to appeal without paying fees because it certified that an appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Cornell · No. 7:25-cv-00526
- Nelson Roman
- Jan. 24, 2025
What the order addresses
Michael Buxbaum submitted this civil action by email. The court explained that a plaintiff must either pay the required fees or submit a signed application requesting permission to proceed without paying them upfront. The required amount was $405, consisting of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule.
What Buxbaum must do
Within 30 days of the order, Buxbaum must either pay the $405 or complete, sign, and submit the attached application. The order gives instructions for paying by mail or in person at the courthouse. The court will take no further action, issue no summons, and require no answer from Keith Cornell until payment is made or a completed and signed application is received.
If Buxbaum complies, the case will be processed under the Clerk’s Office procedures. If the court grants the application, Buxbaum will be allowed to proceed without paying the fees upfront. If he does not comply or request an extension within the allowed time, the action will be dismissed without prejudice to refiling.
Appeal-related ruling
Chief Judge Laura Taylor Swain certified that any appeal from this order would not be taken in good faith. As a result, permission to appeal without paying fees was denied for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.