Buxbaum v. Paypal, Inc.
- Laura Swain
- 1:25-cv-00367
- U.S. District Court · Southern District of New York
- 1
Buxbaum v. PAYPAL: Judge Swain dismissed the action without prejudice after Buxbaum neither paid filing fees nor submitted an application to proceed without paying them.
Michael Buxbaum's action against PAYPAL, INC. was dismissed without prejudice because he did not pay the filing fee or submit the required application to proceed without paying it. Permission to proceed without paying fees on appeal was also denied.
What happened
Buxbaum v. PAYPAL, INC. was dismissed after the court ordered Buxbaum to either pay the required filing fees or submit an application to proceed without paying them.
The court gave Buxbaum 30 days to comply. He did not submit the application or pay the fees.
Judge Laura Taylor Swain dismissed the action without prejudice and directed the Clerk of Court to enter judgment. She also denied permission to proceed without paying fees on appeal, finding that any appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Paypal, Inc. · No. 1:25-cv-00367
- Laura Swain
- Mar. 13, 2025
Background
By an order dated January 22, 2025, the court directed Plaintiff Michael Buxbaum, within 30 days, either to pay the $405 filing fee required for a civil action or to submit a completed application to proceed without paying the fee. The court warned that failing to comply would result in dismissal.
Buxbaum did not submit the application or pay the filing fee.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. It directed the Clerk of Court to enter a judgment dismissing the action for that reason.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and 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.