Buxbaum v. Wilmington Savings Fund Society, FSB
- Laura Swain
- 1:25-cv-00690
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Wilmington, Judge Swain dismissed the complaint without prejudice because Buxbaum neither paid filing fees nor submitted an application to proceed without fees.
Michael Buxbaum's complaint was dismissed without prejudice. Wilmington Savings Fund Society, FSB was the defendant, and Buxbaum was denied permission to appeal without paying fees.
What happened
In Buxbaum v. Wilmington Savings Fund Society, FSB, the court had ordered Michael Buxbaum to submit an application to proceed without paying filing fees or pay the $405 filing fee within 30 days.
Buxbaum did neither. The court dismissed the complaint without prejudice, meaning the dismissal does not itself bar refiling, and directed the clerk to enter judgment.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Buxbaum permission to appeal without paying fees.
The detailed version
- Buxbaum v. Wilmington Savings Fund Society, FSB · No. 1:25-cv-00690
- Laura Swain
- Mar. 10, 2025
Background
On January 28, 2025, the court ordered Michael Buxbaum, within 30 days, either to submit a completed application to proceed without paying filing fees or to pay the $405 in fees 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 filing fees.
Ruling
The court dismissed the complaint without prejudice. This means the dismissal itself does not bar refiling. The court also directed the clerk to enter judgment.
The court certified 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. The order cited 28 U.S.C. §§ 1914 and 1915.
Classification Basis
This is a procedural order because the court dismissed the complaint for failure to satisfy the filing-fee or fee-waiver requirement without addressing the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.