Frost v. NYPD
- Colleen McMahon
- 1:19-cv-10672
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Judge McMahon dismissed the case without prejudice because Frost did not obtain required permission before filing.
Yvonne Frost’s case was dismissed without prejudice because she did not obtain the required court permission before filing. The order also denied her permission to appeal without paying filing fees.
What happened
In Yvonne Frost v. NYPD and City of New York (HRA), Frost filed a new case without a lawyer and asked to proceed without paying filing fees. A November 7, 2019 order had barred her from filing another such case without first obtaining the court’s permission.
The court dismissed this action without prejudice because Frost had not obtained that permission. The dismissal did not bar her from refiling. The court also denied permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
Chief United States District Judge Colleen McMahon issued the order on November 19, 2019, and directed the Clerk of Court to send Frost a copy and record service on the docket.
The detailed version
- Frost v. NYPD · No. 1:19-cv-10672
- Colleen McMahon
- Nov. 19, 2019
Background
Yvonne Frost filed this new case without a lawyer and requested permission to proceed without paying filing fees. The opinion states that, on November 7, 2019, the court had barred Frost from filing any new action without paying filing fees unless she first obtained the court’s permission. Frost did not seek that permission before filing this case.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 for failure to comply with the November 7 order. “Without prejudice” means the dismissal did not itself bar refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Additional directions
Chief United States District Judge Colleen McMahon directed the Clerk of Court to assign the matter to her docket, send Frost a copy of the order, and note service on the docket. The opinion states that Frost had consented to electronic service.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.