Buxbaum v. Legal Aid Society

Background

Michael Buxbaum submitted this civil action to the court by email. The court explained that a plaintiff must either pay the required fees or submit a signed application asking to proceed without paying the fees in advance.

Order

The court ordered Buxbaum, within 30 days of the order, to do one of two things: pay $405 in fees or complete, sign, and submit the attached application to proceed without prepaying fees. The order states that the $405 consists of a $350 filing fee and a $55 administrative fee, subject to possible updates to the fee schedule.

The court said that no further action would be taken and no summons would issue or answer would be required until payment 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 could proceed without prepaying the fees.

Result

Judge Laura Taylor Swain ordered that if Buxbaum failed to comply within the permitted time, or failed to request an extension, the action would be dismissed without prejudice to refiling. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the underlying claims against Legal Aid Society.