Frost v. CVR Associates Inc.

Background

Yvonne Frost, proceeding without a lawyer, filed this action against CVR Associates Inc. and other defendants. The court had previously granted her permission to proceed without paying filing fees in advance. The opinion also notes that, in a prior related proceeding, the court had barred Frost from filing future civil actions without first obtaining permission to file them fee-free. The court stated that bar did not apply to this action because Frost filed it before the bar was issued.

Frost alleged, among other things, that the government was retaliating against her, that she was being forced to choose between her child and a job, that someone would kill Uriel if she did not go, that the government wanted her to purchase a house, and that doing so would allow people to avoid responsibility for sexual assaults.

Court’s Analysis

The court applied the screening requirement for complaints filed without prepayment of fees. Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a complaint that is frivolous, malicious, fails to state a legally supportable claim, or seeks money from an immune defendant. The court must also dismiss a case when it lacks authority to hear the dispute.

The court explained that a claim is frivolous when it has no arguable factual or legal basis. Even after reading Frost’s allegations liberally, as required for a person representing herself, the court found that her claims were irrational and that no legal theory supported them.

Disposition

The court dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). It declined to give Frost permission to amend because it found that the complaint’s defects could not be cured. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.