Buxbaum v. Buxbaum

Background

Michael Buxbaum submitted this civil action to the U.S. District Court for the Southern District of New York by email. The opinion does not describe the claims or the dispute involving the defendants, STWEART BUXBAUM and GERI BUXBAUM.

Fee or IFP requirement

The court stated that a plaintiff must either pay the required fees or request permission to proceed without prepaying them. The required amount was $405, consisting of a $350 filing fee and a $55 administrative fee. The court directed Michael Buxbaum, within 30 days of the order, either to pay the fees or to complete, sign, and submit the attached application to proceed without prepaying fees, commonly called an IFP application.

The order states that no further action will be taken, no summons will issue, and no answer will be required until the fees are paid or a completed and signed IFP application is received. If the application is granted, Michael Buxbaum may proceed without prepaying the fees. If proper payment had already been submitted, the case would proceed after the payment was processed.

Ruling

Judge Laura Taylor Swain ordered Michael Buxbaum to pay the $405 fee or submit a completed and signed IFP application within the allowed time. If he fails to comply or seek an extension, the action will 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 IFP status for purposes of an appeal.