Frost v. NYC A.C.S.

Background

Yvonne Frost filed this federal-question action without a lawyer against NYC A.C.S., CVR Associates, NYC MTA, NYPD, United States SD Court, Yonkers Family Court, Bronx Supreme Court, Bronx Lebanon Hospital, City of New York (HRA), and White Plains Supreme Court. The court had previously allowed her to proceed without paying filing fees.

On the complaint form, Frost identified her alleged rights violations as: “Denied me my leisurely home. Unfair treatment. Withhold information.” She listed the places of occurrence as “Bronx, NJ, New York, Brooklyn” and the dates as “2016 — present.” She also described statements she said she heard from unidentified people and alleged that people were working together to defeat her. Frost said she needed a place or shelter to bring her child. She requested declaratory relief, injunctive relief, and money damages.

Court’s Analysis

Because Frost was proceeding without a lawyer and without paying filing fees, the court screened her complaint under 28 U.S.C. § 1915(e)(2)(B). That statute requires dismissal if a complaint is frivolous, fails to state a claim, or seeks money from a defendant who is immune from such relief. The court said it was required to read a self-represented plaintiff’s allegations generously, but concluded that Frost’s claims were irrational and lacked any legal theory that could support them.

The court explained that self-represented plaintiffs ordinarily receive an opportunity to amend defective complaints. It found, however, that the defects in Frost’s complaint could not be cured by amendment, so it declined to give her permission to amend.

The opinion also noted that Frost had filed more than thirty cases in the court between September 16, 2019, and November 6, 2019. It stated that, because she had abused the privilege of proceeding without paying filing fees, the court had barred her from doing so unless she first obtained permission from the court. That filing restriction was described as having been imposed in a prior related proceeding.

Disposition

Chief United States District Judge Colleen McMahon dismissed Frost’s complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). The court did not grant leave to amend. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Frost permission to proceed without paying fees for purposes of an appeal. The Clerk was directed to mail the order to Frost and record service on the docket.