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S.D.N.Y.Procedural orderFiled Jan. 24, 2025

Buxbaum v. Buxbaum

Judge
Laura Swain
Docket
1:25-cv-00611
Court
U.S. District Court · Southern District of New York
Pages
4
Civil Procedure
In one sentence

In Buxbaum v. Buxbaum, Judge Swain ordered Michael Buxbaum to pay filing fees or submit an application to avoid prepaying them within 30 days.

Who this affects

Michael Buxbaum is directly affected because he must pay the required fees or submit a signed application to proceed without prepaying them; the action's processing is otherwise paused.

What happened

In Buxbaum v. Buxbaum, Michael Buxbaum submitted a civil action by email against Stewart Buxbaum in the Southern District of New York.

The court ordered Michael Buxbaum to pay $405 in filing and administrative fees or submit a signed application to proceed without paying the fees upfront. The court said it would take no further action and issue no summons until one of those steps occurred.

Judge Laura Taylor Swain ordered that the action would be dismissed without prejudice to refiling if Michael Buxbaum did not comply or request more time within 30 days. She also denied permission to appeal without paying fees.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Buxbaum v. Buxbaum · No. 1:25-cv-00611
Judge
Laura Swain
Date
Jan. 24, 2025

Background

Michael Buxbaum submitted this civil action to the U.S. District Court for the Southern District of New York by email. The opinion identifies Stewart Buxbaum as the defendant but does not describe the underlying claims.

Fee or Application Requirement

The court explained that a plaintiff must either pay the required fees or request permission to proceed without paying them upfront by submitting a signed application. The required amount was $405, consisting of a $350 filing fee and a $55 administrative fee.

The order gave Michael Buxbaum 30 days from January 24, 2025, to pay the fees or submit a completed and signed application. Until the fees were paid or the application was received, the court said that no further action would be taken, no summons would issue, and no answer would be required. If the court granted the application, Michael Buxbaum could proceed without paying the fees upfront.

Disposition

The order did not address the merits of the claims. It stated that if Michael Buxbaum failed to comply or request an extension within the allowed time, the action would be dismissed without prejudice to refiling. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying appellate fees. Judge Laura Taylor Swain signed the order.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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