Buxbaum v. Schroeder
- Laura Swain
- 1:25-cv-00530
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Schroeder, Judge Swain dismissed the action without prejudice because Buxbaum neither paid filing fees nor submitted an IFP application.
Michael Buxbaum’s action was dismissed without prejudice because he did not submit the required application to proceed without paying filing fees or pay the $405 filing fee. His permission to proceed without paying fees on appeal was also denied.
What happened
In Buxbaum v. Schroeder, the court had ordered Michael Buxbaum to either submit an application to proceed without paying filing fees or pay the $405 required to file a civil case. The deadline was 30 days from the January 24, 2025 order.
Buxbaum did neither. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar a new filing.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Buxbaum permission to proceed without paying appeal fees. She directed the Clerk of Court to enter judgment dismissing the action.
The detailed version
- Buxbaum v. Schroeder · No. 1:25-cv-00530
- Laura Swain
- Mar. 4, 2025
Background
On January 24, 2025, the court directed Plaintiff Michael Buxbaum, within 30 days, to either submit a completed application to proceed without paying the filing fees or pay the $405 in fees required to file a civil action. The order warned that failing to comply would result in dismissal.
Court’s Ruling
Buxbaum did not submit the application and did not pay the filing fees. The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on the failure to comply with the court’s filing-fee directive, not on a decision about the underlying claims.
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 an appeal and directed the Clerk of Court to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.