Buxbaum v. Mendolsohn
- Laura Swain
- 1:25-cv-00605
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Mendolsohn, Judge Swain recognized Buxbaum’s voluntary dismissal, closed the case, and denied no-cost appeal status.
Michael Buxbaum’s action was closed after his voluntary dismissal. The court also denied him permission to appeal without paying filing fees.
What happened
In Buxbaum v. Mendolsohn, Michael Buxbaum, who represented himself, asked to withdraw his complaint because it was no longer necessary. No summons had been issued, and Dean Mendolsohn had not filed an answer or other response.
The court explained that a plaintiff may voluntarily end a case without a court order before the defendant files an answer or a motion for summary judgment. The court treated Buxbaum’s letter as a notice of voluntary dismissal under that rule.
The court concluded that Buxbaum had voluntarily dismissed the action and directed the Clerk of Court to close it. Judge Laura Taylor Swain also denied Buxbaum permission to appeal without paying filing fees, finding that any appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Mendolsohn · No. 1:25-cv-00605
- Laura Swain
- Feb. 26, 2025
Background
Michael Buxbaum filed this action without a lawyer. The court received his January 23, 2025 letter asking to withdraw the complaint because it was “no longer necessary.” The Clerk of Court had not issued a summons, and Dean Mendolsohn had not filed an answer or any other response.
Rule and analysis
Federal Rule of Civil Procedure 41(a)(1)(A) allows a plaintiff to voluntarily dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment. The court held that Buxbaum’s letter could be treated as that notice, even though he did not call it a notice of dismissal or a motion for dismissal. Because the required filings had not occurred, court approval was not required.
Disposition
The court concluded that Buxbaum had voluntarily dismissed the action under Rule 41(a)(1)(A) and directed the Clerk of Court to close the action. 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 filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.