Buxbaum v. Bank of America, N.A.
- Laura Swain
- 1:25-cv-00517
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Bank of America, Judge Swain dismissed Buxbaum’s complaint without prejudice after he neither sought fee-free filing nor paid the required fees.
Michael Buxbaum, whose complaint against Bank of America, N.A. was dismissed without prejudice; the clerk was directed to enter judgment.
What happened
In Buxbaum v. Bank of America, N.A., 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 case. He had 30 days to comply.
Buxbaum did neither. The court dismissed the complaint without prejudice and directed the court clerk to enter judgment in the case.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Buxbaum permission to proceed without paying fees on appeal.
The detailed version
- Buxbaum v. Bank of America, N.A. · No. 1:25-cv-00517
- Laura Swain
- Feb. 25, 2025
Background
By an order dated January 21, 2025, the court directed Michael Buxbaum, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 filing fee required for a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Ruling
Buxbaum did not submit the application or pay the fees. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the clerk to enter judgment.
Appeal-Filing Status
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.