Buxbaum v. Sands
- Laura Swain
- 1:25-cv-00686
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Sands, Judge Swain dismissed the action without prejudice after Buxbaum neither sought a fee waiver nor paid the filing fees.
Michael Buxbaum’s action against Jaqueline Sands was dismissed without prejudice because he did not submit the required fee-waiver application or pay the $405 filing fee. The court also denied fee-waiver status for any appeal.
What happened
Buxbaum v. Sands concerned Michael Buxbaum’s failure to complete the required filing-fee paperwork or pay the fee to start a civil case. The opinion does not describe the underlying dispute with Jaqueline Sands.
The court had given Buxbaum 30 days to submit an application to proceed without paying the filing fee or to pay the required $405. He did neither.
Chief Judge Laura Taylor Swain dismissed the action without prejudice and directed the clerk to enter judgment. She 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 detailed version
- Buxbaum v. Sands · No. 1:25-cv-00686
- Laura Swain
- Mar. 4, 2025
Background
By an order dated January 28, 2025, the court directed Michael Buxbaum to do one of two things within 30 days: submit a completed application to proceed without paying the filing fees, or pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal. Buxbaum did not submit the application or pay the fees.
The opinion does not describe the underlying claims or dispute between Buxbaum and Jaqueline Sands.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. It directed the clerk to enter a judgment dismissing the action for the reason stated in the order.
Appeal
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 purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.