Buxbaum v. Rocco's Italian Cuisine & Pizza
- Laura Swain
- 1:25-cv-00610
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Rocco’s Italian Cuisine & Pizza, Chief Judge Swain dismissed the complaint after Michael Buxbaum asked to withdraw it.
Michael Buxbaum’s complaint against Rocco’s Italian Cuisine & Pizza was voluntarily dismissed at Buxbaum’s request. The order also denied permission to appeal without paying filing fees.
What happened
Michael Buxbaum told the court in a letter that he wished to withdraw his complaint against Rocco’s Italian Cuisine & Pizza.
The court granted Buxbaum’s request and voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a). The order does not address the underlying allegations.
Chief Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
The detailed version
- Buxbaum v. Rocco's Italian Cuisine & Pizza · No. 1:25-cv-00610
- Laura Swain
- Mar. 14, 2025
Background
On January 23, 2025, the court received a letter from Michael Buxbaum stating that he wished to withdraw his complaint against Rocco’s Italian Cuisine & Pizza.
Ruling
The court granted Buxbaum’s request to withdraw the action. It voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a). The order does not decide the underlying dispute.
Appeal-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying the filing fees.
Disposition
The request to withdraw the action was granted, and the complaint was voluntarily dismissed. The court separately denied in forma pauperis status for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.