Frost v. NYC MTA
- Colleen McMahon
- 1:19-cv-10777
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYC MTA, Judge McMahon dismissed Yvonne Frost’s action without prejudice for filing without required permission and denied fee-free appeal status.
Yvonne Frost’s case was dismissed without prejudice because she did not obtain the required permission before filing. The order also denied her permission to appeal without paying filing fees; the opinion did not decide the claims against NYC MTA or City of New York (HRA).
What happened
In Frost v. NYC MTA, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying filing fees. A prior order had barred her from filing new fee-free cases without first obtaining the court’s permission.
The court said Frost had not obtained that permission and dismissed the action without prejudice for violating the earlier order. It also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon issued the order on November 21, 2019. The order directed the clerk to assign the case to her docket, send Frost a copy, and record service.
The detailed version
- Frost v. NYC MTA · No. 1:19-cv-10777
- Colleen McMahon
- Nov. 21, 2019
Background
On November 7, 2019, the court had barred Yvonne Frost from filing any new action without paying filing fees unless she first obtained the court’s permission. Frost then filed this new case without a lawyer, requested permission to proceed without paying filing fees, and did not ask for the required permission to file.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the November 7 order. The dismissal was based on the filing restriction and did not decide the underlying claims against NYC MTA or City of New York (HRA).
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 proceed without paying filing fees for purposes of an appeal. The clerk was directed to assign the matter to Judge McMahon’s docket, send Frost a copy of the order, and record service. Frost had consented to electronic service.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.