Buxbaum v. Mendolsohn
- Laura Swain
- 1:25-cv-00605
- U.S. District Court · Southern District of New York
- 4
In Buxbaum v. Mendolsohn, Judge Swain ordered Michael Buxbaum to pay $405 or submit an IFP application before the case proceeds.
Michael Buxbaum must either pay the $405 fee or submit a completed and signed application to proceed without prepaying fees within 30 days, or the action will be dismissed without prejudice to refiling.
What happened
In Buxbaum v. Mendolsohn, Michael Buxbaum submitted a civil action to the Southern District of New York by email. The court assigned the case a docket number and explained that a civil action requires either payment of the required fees or a request to proceed without paying them in advance.
Judge Swain ordered Buxbaum, within 30 days, to pay $405 in fees or submit a completed and signed application to proceed without prepaying fees. The court said that no further action would be taken and no summons would issue until one of those requirements was met.
Judge Laura Taylor Swain ordered that the action would be dismissed without prejudice to refiling if Buxbaum failed to comply or seek more time. The court also denied eligibility to proceed without prepaying fees for an appeal from the order.
The detailed version
- Buxbaum v. Mendolsohn · No. 1:25-cv-00605
- Laura Swain
- Jan. 24, 2025
Background
Michael Buxbaum submitted this civil action to the court by email. The court explained that a plaintiff must either pay the required fees or apply to proceed without prepaying them. The stated total fee was $405, consisting of a $350 filing fee and a $55 administrative fee.
Order
The court directed Buxbaum, within 30 days of the order, either to pay the $405 fee or to complete, sign, and submit the attached application to proceed without prepaying fees. The order provided payment instructions and stated that no further action would be taken and no summons would issue until payment 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 permitted to proceed without prepaying fees. If he failed to comply within the allowed time or failed to seek an extension, the action would be dismissed without prejudice to refiling.
Disposition
Judge Laura Taylor Swain ordered payment of the fee or submission of the application within 30 days. The court also certified that an appeal would not be taken in good faith and denied eligibility to proceed without prepaying fees for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.