Buxbaum v. Rosano
- Laura Swain
- 7:25-cv-00616
- U.S. District Court · Southern District of New York
- 4
In Buxbaum v. Rosano, Judge Swain ordered Michael Buxbaum to pay fees or apply to proceed without prepayment within 30 days.
Michael Buxbaum must, within 30 days, either pay $405 in fees or submit a completed and signed application to proceed without prepaying fees. Until then, the case will not proceed, no summons will issue, and Valerie Rosano will not be required to answer. Failure to comply or request an extension will result in dismissal without prejudice to refiling.
What happened
In Buxbaum v. Rosano, Michael Buxbaum submitted this civil action to the Southern District of New York by email. The court had not yet required Valerie Rosano to respond.
The court ordered Buxbaum, within 30 days, either to pay $405 in fees or submit a signed application showing that he cannot pay and seeking permission to proceed without prepayment. The court would take no further action and issue no summons until one of those requirements was met.
If Buxbaum did not comply or request more time, the action would be dismissed without prejudice to refiling. Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Buxbaum v. Rosano · No. 7:25-cv-00616
- Laura Swain
- Jan. 28, 2025
Background
Michael Buxbaum submitted this civil action to the court by email. The order does not describe the underlying claims against Valerie Rosano. To proceed, Buxbaum had to pay the required fees or submit an application to proceed without prepaying them, commonly called an IFP application.
Order
The court ordered Buxbaum to act within 30 days of the order. He had to either pay $405—the stated total of a $350 filing fee and a $55 administrative fee—or complete, sign, and submit the attached application requesting permission to proceed without prepaying fees. The order explained that the court would decide whether to grant that application.
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 fees.
Consequence of Noncompliance and Appeal
If Buxbaum failed to comply within the allowed time or failed to request an extension, the action would be dismissed without prejudice to refiling. Judge Laura Taylor Swain also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Classification
This is a procedural order because it addresses payment of filing fees or an application to proceed without prepayment and does not decide the underlying dispute.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.