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S.D.N.Y.Procedural orderFiled Feb. 24, 2025

Buxbaum v. Bridandi

Judge
Laura Swain
Docket
1:25-cv-00524
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Buxbaum v. Bridandi, Judge Swain dismissed the complaint without prejudice after Buxbaum neither sought a fee waiver nor paid the required filing fees.

Who this affects

Michael Buxbaum's complaint was dismissed without prejudice because he did not submit the required fee-waiver request or pay the filing fees. The order did not resolve the underlying claims against Anthony Bridandi or the other defendants.

What happened

In Buxbaum v. Bridandi, the court had ordered Michael Buxbaum to submit a completed request to proceed without paying filing fees or pay the $405 required to file a civil action. The order warned that failing to do so would lead to dismissal.

Buxbaum did not submit the request or pay the fees. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling on that basis.

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 for an appeal. The court directed the clerk to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Buxbaum v. Bridandi · No. 1:25-cv-00524
Judge
Laura Swain
Date
Feb. 24, 2025

Background

The court had previously ordered Michael Buxbaum, within thirty days, either to submit a completed request to proceed without paying filing fees or to pay the $405 filing fees required for a civil action. The earlier order stated that failing to comply would result in dismissal of the complaint.

Ruling

Buxbaum did neither. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not state that the dismissal was based on the merits of Buxbaum's claims.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. Judge Laura Taylor Swain directed the clerk to enter judgment.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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