Frost v. N.Y.P.D.
- Colleen McMahon
- 1:19-cv-10920
- U.S. District Court · Southern District of New York
- 1
In Frost v. N.Y.P.D., Judge McMahon dismissed the case without prejudice because Frost had not obtained required filing permission.
Yvonne Frost, whose case was dismissed without prejudice and whose fee-free status for an appeal was denied.
What happened
Frost v. N.Y.P.D. was filed by Yvonne Frost without a lawyer, and she asked to proceed without paying the filing fee. An earlier order had barred her from filing any new fee-free case without first getting the court’s permission.
Frost filed this case but did not ask for that permission. The court therefore dismissed the action without prejudice for violating the earlier order.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Frost v. N.Y.P.D. · No. 1:19-cv-10920
- Colleen McMahon
- Nov. 26, 2019
Background
Yvonne Frost filed this new case without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that, in a prior related proceeding, the court had barred Frost from filing any new fee-free case without first obtaining the court’s permission. Frost did not seek that permission before filing this action.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the earlier order. The opinion does not address the underlying merits of Frost’s claims.
Chief Judge Colleen McMahon also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied Frost permission to proceed without paying the filing fee for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.