Frost v. CVR Associates Inc.
- Colleen McMahon
- 1:19-cv-10632
- U.S. District Court · Southern District of New York
- 1
In Frost v. CVR Associates Inc., Judge McMahon dismissed the case without prejudice because Frost did not obtain required permission before filing without paying fees.
Yvonne Frost's case was dismissed without prejudice because she filed without first obtaining permission required by an earlier court order. The court also denied her fee-waiver status for an appeal.
What happened
Frost v. CVR Associates Inc. was filed by Yvonne Frost, who was representing herself and asked to proceed without paying filing fees. An earlier court order barred her from filing a new fee-waiver case without first obtaining permission.
Frost filed this case but did not ask for that permission. The opinion says the earlier order was issued on November 7, 2019, in a prior related proceeding.
Judge Colleen McMahon dismissed the case without prejudice for failing to comply with the earlier order. She also denied fee-waiver status for any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Frost v. CVR Associates Inc. · No. 1:19-cv-10632
- Colleen McMahon
- Nov. 18, 2019
Background
Yvonne Frost filed this case without a lawyer and asked to proceed without paying the filing fee. On November 7, 2019, the court had ordered that Frost could not file any new case without paying the filing fee unless she first obtained permission from the court. The opinion refers to that earlier matter as Frost v. City of New York (HRA), No. 1:19-CV-8936.
Reason for dismissal
Frost filed this new case but did not request the required permission. The court therefore dismissed the action for failing to comply with the November 7 order.
Ruling
Chief United States District Judge Colleen McMahon dismissed the action without prejudice under 28 U.S.C. § 1651. The court 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 filing fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.