Frost v. City of New York
- Colleen McMahon
- 1:19-cv-11085
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed the case without prejudice because Frost did not obtain required permission to file without paying fees.
Yvonne Frost’s case was dismissed without prejudice for violating the court’s filing restriction, and she was denied permission to appeal without paying the filing fee.
What happened
Yvonne Frost filed this case without a lawyer and asked to proceed without paying the filing fee. An earlier order had barred her from filing any new case without paying fees unless she first obtained the court’s permission.
Frost did not seek that permission before filing this case. The court therefore dismissed the action without prejudice, meaning the dismissal did not permanently bar refiling.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Frost permission to appeal without paying fees.
The detailed version
- Frost v. City of New York · No. 1:19-cv-11085
- Colleen McMahon
- Dec. 3, 2019
Background
Yvonne Frost filed this case without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that, on November 7, 2019, the court had barred Frost from filing any new action without paying fees unless she first obtained the court’s permission. The court referred to that earlier related proceeding but did not state that Frost had sought or received permission before filing this case.
Ruling
Under 28 U.S.C. § 1651, the court dismissed this action without prejudice because Frost failed to comply with the November 7, 2019 order. “Without prejudice” means the dismissal itself does not permanently bar refiling. The opinion does not decide the underlying claims against the defendants.
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 appeal without paying the filing fee. The Clerk was directed to assign the matter to Judge McMahon’s docket, send Frost a copy of the order, and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.