Buxbaum v. Bank of America, N.A.
- Laura Swain
- 1:25-cv-00517
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Bank of America, Judge Swain ordered the filing-fee payment returned and kept the closed case closed.
Michael Buxbaum, who filed the action without a lawyer, and the Clerk of Court, which was directed to return his $405 money order.
What happened
Buxbaum v. Bank of America, N.A. was filed by Michael Buxbaum without a lawyer. The court had required him either to pay the filing fee or request permission to proceed without paying it upfront, but he did neither, so the court dismissed the case and entered judgment.
After judgment, Buxbaum sent the court a $405 money order. Because the case was already closed, the court ordered the Clerk of Court to return the money order. The court said Buxbaum could pursue his claims by filing a new case and paying the required fees within the applicable time.
Judge Laura Taylor Swain ordered the money order returned and stated that the action remains closed. She also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Bank of America, N.A. · No. 1:25-cv-00517
- Laura Swain
- Mar. 7, 2025
Background
Michael Buxbaum brought this action without a lawyer. On January 21, 2025, the court directed him, within 30 days, either to pay the $405 filing fee for a civil action or submit an application to proceed without prepaying fees. Buxbaum did not comply. The court dismissed the action by an order dated February 25, 2025, entered on February 26, and the Clerk of Court entered judgment on February 27.
Money Order
On March 5, 2025, the court received Buxbaum's $405 money order. Because judgment had been entered and the case was closed, the court directed the Clerk of Court to return the money order. The court stated that Buxbaum could pursue his claims by filing a new civil action and paying the filing fees within the prescribed time.
Ruling
Judge Laura Taylor Swain ordered the Clerk of Court to return the $405 money order. The action remains closed. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.