Buxbaum v. Town of Clarkstown

Background

Michael Buxbaum brought this action without a lawyer. In an order dated March 11, 2025, the court dismissed the action and allowed it to be reopened if Buxbaum submitted either the filing fee or an application to proceed without paying the fee within 30 days after that order was docketed. The opinion states that Buxbaum later sent the court a $405 money order on May 2, 2025, more than 30 days after the March 11 order. Since March 11, he also submitted multiple letters, affidavits, and motions seeking various forms of relief.

Ruling

The court held that Buxbaum did not timely pay the filing fee or submit the required application. It therefore stated that the matter remained closed. The court directed the Clerk of Court to terminate all pending motions, return the $405 money order to Buxbaum, and enter a civil judgment dismissing the action.

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 fee-free status for purposes of an appeal. The opinion does not describe the underlying claims against the Town of Clarkstown.