Buxbaum v. Kaplan
- Laura Swain
- 1:25-cv-00603
- U.S. District Court · Southern District of New York
- 1
Buxbaum v. Kaplan: Judge Swain dismissed the complaint without prejudice after Buxbaum neither paid filing fees nor submitted an IFP application.
Michael Buxbaum’s complaint was dismissed without prejudice because he did not pay the filing fee or submit an application to proceed without paying it. The court also denied permission to proceed without paying fees on appeal.
What happened
In Buxbaum v. Kaplan, the court ordered Michael Buxbaum to either submit an application to proceed without paying filing fees or pay the $405 required to file a civil case.
Buxbaum did neither within the required thirty days, so the court dismissed the complaint without prejudice. The court also directed the Clerk of Court to enter judgment.
Judge Laura Taylor Swain said 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. Kaplan · No. 1:25-cv-00603
- Laura Swain
- Feb. 25, 2025
Background
The court had previously directed Michael Buxbaum, within thirty days, either to submit a completed application to proceed without paying filing fees—called an application to proceed in forma pauperis—or to pay the $405 filing fee required for a civil action. The earlier order warned that failing to comply would result in dismissal.
Ruling
Buxbaum did not submit the application or pay the fee. The court therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court directed the Clerk of Court to enter judgment.
Appeal-related ruling
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for an appeal under 28 U.S.C. § 1915(a)(3).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.