Buxbaum v. Sands
- Laura Swain
- 1:25-cv-00686
- U.S. District Court · Southern District of New York
- 4
In Buxbaum v. Sands, Judge Swain ordered Buxbaum to pay filing fees or submit an application to proceed without prepayment.
Michael Buxbaum must either pay the $405 fee or submit a completed and signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed without prejudice to refiling.
What happened
In Buxbaum v. Sands, Michael Buxbaum submitted this civil action by email, and the court assigned it a docket number. The opinion does not describe the underlying claims.
The court ordered Buxbaum, within 30 days, either to pay $405 in fees or submit a completed and signed application to proceed without prepaying fees. The case will not move forward, and no summons or answer will be required, until one of those steps occurs.
Judge Laura Taylor Swain said that failing to comply, or failing to request more time, would result in dismissal without prejudice to refiling. She also denied fee-waiver status for any appeal because the appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Sands · No. 1:25-cv-00686
- Laura Swain
- Jan. 28, 2025
Background
Michael Buxbaum submitted this action to the U.S. District Court for the Southern District of New York by email. The opinion does not state what claims or relief the action seeks.
Court’s Order
The court explained that a plaintiff starting a civil action must either pay the required fees or ask to proceed without paying them in advance. The total fee identified in the order was $405, consisting of a $350 filing fee and a $55 administrative fee. The court directed Buxbaum, within 30 days of the order, to either pay that amount or complete, sign, and submit the attached application to proceed without prepaying fees.
The order provided instructions for paying by mail or in person. It stated that 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 the court grants the application, Buxbaum would be permitted to proceed without prepaying the fees.
Disposition
Judge Laura Taylor Swain ordered that, if Buxbaum failed to comply within the allowed time or failed to request an extension, 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.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.