Buxbaum v. Block, Inc.
- Laura Swain
- 1:24-cv-10062
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Block, Inc., Judge Swain dismissed the complaint without prejudice after Buxbaum neither paid filing fees nor submitted a fee-waiver request.
Michael Buxbaum's complaint against Block, Inc. was dismissed without prejudice. The court also denied permission to appeal without paying filing fees.
What happened
Buxbaum v. Block, Inc. was dismissed after the court ordered Michael Buxbaum to either pay the required filing fees or request permission to proceed without paying them.
The court had given Buxbaum 30 days to comply with that order. He did neither: he did not submit the request or pay the fees.
Judge Laura Taylor Swain dismissed the complaint without prejudice, directed the clerk to enter judgment, and denied permission to appeal without paying fees after certifying that an appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Block, Inc. · No. 1:24-cv-10062
- Laura Swain
- Feb. 7, 2025
Background
On January 6, 2025, the court ordered Michael Buxbaum to submit a completed request to proceed without paying filing fees or to pay the $405 required to file a civil action. The order gave him 30 days to comply and stated that failing to do so would result in dismissal of the complaint.
Buxbaum did not submit the request or pay the filing fees.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar refiling, although the opinion does not state what requirements would apply to any later filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The court directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.