Buxbaum v. Rosano

Background

Michael Buxbaum submitted this civil action to the court by email. The Southern District of New York assigned it docket number 1:25-CV-0606 (LTS). The opinion does not describe the underlying claims.

Order

The court stated that a plaintiff must either pay the fees for a civil action or submit a signed application to proceed without prepaying them. The required fees were $405, consisting of a $350 filing fee and a $55 administrative fee. The court gave Buxbaum 30 days from the date of the order to pay the fees or submit a completed and signed application.

The court directed that no further action would be taken, and that no summons would issue and no answer would be required, until the fees were paid or the 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 $405 fee or submit the application within the allowed time. The court stated that if Buxbaum failed to comply or failed to seek 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 proceed without prepaying fees for an appeal. The order did not reach the merits of the underlying action.