Buxbaum v. Falco
- Laura Swain
- 1:25-cv-00598
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Falco, Judge Swain dismissed the complaint without prejudice because Buxbaum neither paid filing fees nor submitted an IFP application.
Michael Buxbaum's complaint was dismissed without prejudice for failing to submit an application to proceed without paying filing fees or pay the required filing fee. His request to appeal without paying fees was also denied.
What happened
In Buxbaum v. Falco, the court had ordered Michael Buxbaum to submit an application to proceed without paying filing fees or to pay the $405 required to file a civil action. The order gave him thirty days to comply.
Buxbaum did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied permission to appeal without paying fees and directed the Clerk of Court to enter judgment.
Chief United States District Judge Laura Taylor Swain issued the order on February 27, 2025. She certified that any appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Falco · No. 1:25-cv-00598
- Laura Swain
- Feb. 27, 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, 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 failure to comply would result in dismissal of the complaint.
Ruling
Because Buxbaum did not submit the application or pay the filing fee, the court dismissed the complaint without prejudice. The opinion does not describe the underlying claims against Louis Falco.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the Clerk of Court to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.