Buxbaum v. Cornell

Background

Michael Buxbaum, who represented himself, filed this action against Keith Cornell. Buxbaum asserted claims sounding in fraud under 31 U.S.C. § 3729, the False Claims Act. He filed the original complaint on or about January 17, 2025, and later filed an amended complaint without asking the Court for permission.

Failure to State Sufficient Facts

The Court explained that Federal Rule of Civil Procedure 8 requires a complaint to include enough facts to state a claim that is plausible on its face. In an earlier order, the Court concluded that neither the original complaint nor the amended complaint complied with that requirement. Although courts give special consideration to people representing themselves, the Court stated that it could not create factual allegations that Buxbaum had not included.

The Court ordered Buxbaum to show cause—that is, to explain in writing—by June 17, 2025, why the action should not be dismissed with prejudice for failing to comply with Rule 8. The Court warned that failing to respond would result in dismissal with prejudice.

Ruling

Buxbaum did not respond by the deadline. The Court held that dismissal was appropriate because he had been warned that noncompliance could result in dismissal and still failed to respond. Judge Nelson S. Roman dismissed the action with prejudice. The Clerk of Court was directed to terminate the action and mail Buxbaum a copy of the order.