Buxbaum v. Hellman

Background

Michael Buxbaum submitted this civil action to the U.S. District Court for the Southern District of New York by email. The opinion identifies Howard Hellman as the defendant but does not describe the claims or underlying dispute.

Order

The court explained that a plaintiff must either pay the required fees for a civil action or request permission to proceed without prepaying them. The total fee identified in the order was $405, consisting of a $350 filing fee and a $55 administrative fee.

Within 30 days of the order, Buxbaum was required to either pay the $405 or complete, sign, and submit the attached application to proceed without prepaying fees, commonly called an IFP application. The court stated that it would take no further action, issue no summons, and require no answer until it received payment or a completed and signed application. If Buxbaum submitted an application, the case would be processed under the Clerk’s Office procedures; if the court granted the application, he could proceed without paying the fees upfront.

Disposition

Judge Laura Taylor Swain ordered Buxbaum to comply within the allowed period or seek an extension. If he failed to comply or failed to request more time, 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.

Classification

This is a procedural order. It addresses payment of filing fees or submission of an IFP application and does not decide the underlying dispute.