Buxbaum v. Experian
- Laura Swain
- 1:25-cv-00404
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Experian, Judge Swain dismissed the complaint without prejudice because Buxbaum neither paid filing fees nor applied to proceed without them.
Michael Buxbaum's complaint was dismissed without prejudice, and he was denied permission to proceed without paying fees for an appeal.
What happened
In Buxbaum v. Experian, the court had ordered Michael Buxbaum to submit an application to proceed without paying filing fees or pay the $405 filing fee within 30 days. The order warned that failing to do so would result in dismissal.
Buxbaum did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also directed the clerk to enter judgment.
Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and denied Buxbaum permission to proceed without paying fees for an appeal.
The detailed version
- Buxbaum v. Experian · No. 1:25-cv-00404
- Laura Swain
- Feb. 25, 2025
Background
On January 21, 2025, the Court ordered Michael Buxbaum to submit a completed application to proceed without paying filing fees or to pay the $405 required to file a civil action. The order gave him 30 days and warned that the complaint would be dismissed if he did not comply.
Ruling
Buxbaum did not submit the application or pay the filing fees. The Court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The Court also directed the Clerk of Court to enter judgment.
Appeal
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.