Frost v. United States
- James Donato
- 3:19-cv-05365
- U.S. District Court · Northern District of California
- 2
In Frost v. United States, Judge Donato dismissed Frost’s second amended complaint with prejudice after he failed to address earlier defects.
Vinton Frost and the United States. Frost’s second amended complaint against the United States was dismissed with prejudice.
What happened
Vinton Frost, representing himself, filed a second amended complaint against the United States after the court had dismissed an earlier complaint and allowed him to amend. The court extended his amendment deadline, and although Frost filed late, it accepted the new complaint because he was representing himself.
The court said the new complaint did not fix the problems identified in the earlier complaint. Frost again focused on three cases that other courts in the district had dismissed and one pending appeal, but he added no new facts and did not explain how this case was meaningfully different.
Judge James Donato dismissed the second amended complaint with prejudice. The opinion does not identify a separate merits decision on the underlying claims.
The detailed version
- Frost v. United States · No. 3:19-cv-05365
- James Donato
- Mar. 6, 2020
Background
Vinton Frost proceeded without a lawyer. In an earlier order, the court denied his application to proceed without paying the filing fee and dismissed his first amended complaint while allowing him an opportunity to amend. At Frost’s request, the court extended the amendment deadline by two months.
Frost filed the second amended complaint after the extended deadline. The court allowed the late filing because of Frost’s self-represented status.
Court’s Analysis
The court concluded that the second amended complaint did not resolve the problems that had led to dismissal of the prior complaint. The complaint again centered on three cases dismissed by other courts in the district and one pending appeal. The court said Frost did not state any new facts or explain how this case was meaningfully different from those matters.
Disposition
The court dismissed the second amended complaint with prejudice. The opinion does not state a separate merits ruling on the underlying claims. The order was signed by Judge James Donato on March 6, 2020.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.