Buxbaum v. One Finance, Inc. dba Walmart
- Laura Swain
- 1:24-cv-10063
- U.S. District Court · Southern District of New York
- 1
Judge Swain dismissed Buxbaum v. One Finance without prejudice after Buxbaum neither paid filing fees nor submitted an application to proceed without fees.
Michael Buxbaum's action against One Finance, Inc. dba Walmart was dismissed without prejudice because he did not pay the filing fees or submit the required application. The court also denied him permission to appeal without paying fees.
What happened
In Buxbaum v. One Finance, Inc. dba Walmart, the court had ordered Michael Buxbaum to either pay the $405 filing fee or submit an application to proceed without paying it.
The court gave Buxbaum 30 days to comply and warned that failing to do so would lead to dismissal. He did neither.
The court dismissed the action without prejudice and denied Buxbaum permission to appeal without paying fees, finding that any appeal would not be taken in good faith. Judge Laura Taylor Swain directed the clerk to enter judgment.
The detailed version
- Buxbaum v. One Finance, Inc. dba Walmart · No. 1:24-cv-10063
- Laura Swain
- Feb. 21, 2025
Background
On January 15, 2025, the court ordered Michael Buxbaum to submit a completed application to proceed without paying filing fees, or to pay the $405 in fees required to file a civil action. The order gave him 30 days to comply and stated that the action would be dismissed if he did not.
Court’s ruling
Buxbaum did not submit the application or pay the filing fees. The court therefore dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court directed the clerk to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.