Buxbaum v. One Finance, Inc.
- Laura Swain
- 1:24-cv-09894
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. One Finance, Judge Swain dismissed the action without prejudice because Buxbaum neither paid filing fees nor submitted an IFP application.
Michael Buxbaum’s civil action against One Finance, Inc.; the action was dismissed without prejudice, and fee-waiver status was denied for any appeal.
What happened
In Buxbaum v. One Finance, Inc., the court had ordered Michael Buxbaum to submit a completed request to proceed without paying filing fees or pay the $405 filing fee within 30 days.
Buxbaum did neither. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling.
Judge Swain also denied permission to proceed without paying fees on appeal after certifying that an appeal would not be taken in good faith, and directed the Clerk to enter judgment.
The detailed version
- Buxbaum v. One Finance, Inc. · No. 1:24-cv-09894
- Laura Swain
- Feb. 26, 2025
Background
The court had previously ordered Michael Buxbaum to do one of two things within 30 days: submit a completed application to proceed without paying the filing fee, called an in forma pauperis application, or pay the $405 fee required to file a civil action.
Ruling
Buxbaum did not submit the application or pay the filing fee. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The order does not address the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. It directed the Clerk of Court to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.