Buxbaum v. Payward, Inc.
- Laura Swain
- 1:25-cv-00361
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Payward, Judge Swain dismissed the action without prejudice because Buxbaum neither paid filing fees nor submitted an IFP application.
Michael Buxbaum's civil action against Payward, Inc. was dismissed without prejudice because he neither paid the filing fee nor submitted the required application to proceed without paying it. The court also denied fee-waiver status for an appeal.
What happened
In Buxbaum v. Payward, Inc., the court ordered Michael Buxbaum to submit an application to waive the filing fee or pay the $405 required to start a civil case. He was given 30 days to do so.
Buxbaum did neither. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar a new filing based on the same matter.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied fee-waiver status for any appeal. She directed the Clerk of Court to enter judgment dismissing the action.
The detailed version
- Buxbaum v. Payward, Inc. · No. 1:25-cv-00361
- Laura Swain
- Mar. 12, 2025
Background
On January 17, 2025, the Court directed Michael Buxbaum, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $405 required to file a civil action. The order warned that failure 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. The opinion does not decide the underlying dispute between Buxbaum and Payward, Inc., doing business as Kraken.
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. It therefore denied Buxbaum permission to proceed without paying fees for an appeal. The Court directed the Clerk of Court to enter judgment dismissing the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.