Buxbaum v. Bongiorno
- Laura Swain
- 1:25-cv-00223
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Bongiorno, Judge Swain dismissed the complaint without prejudice because Buxbaum neither submitted an application to waive fees nor paid the required filing fees.
Michael Buxbaum, whose complaint was dismissed without prejudice; the opinion does not describe the underlying claims or any effect on Michael Bongiorno beyond the case's dismissal.
What happened
In Buxbaum v. Bongiorno, the court ordered Michael Buxbaum to 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.
The court dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied fee-waiver status for any appeal and directed the clerk to enter judgment.
Chief Judge Laura Taylor Swain issued the order on February 25, 2025. The opinion does not address the underlying claims.
The detailed version
- Buxbaum v. Bongiorno · No. 1:25-cv-00223
- Laura Swain
- Feb. 25, 2025
Background
The court had previously directed Plaintiff Michael Buxbaum, within thirty 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 court warned that failing to comply would result in dismissal.
Buxbaum did not submit the application or pay the filing fee.
Ruling
The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion does not analyze the underlying claims.
The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. It directed the clerk to enter judgment.
Disposition
The complaint was dismissed without prejudice. The appeal-related fee-waiver status was denied.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.