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S.D.N.Y.Procedural orderFiled Dec. 6, 2019

Frost v. City of New York

Judge
Colleen McMahon
Docket
1:19-cv-09500
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureFee Petition
In one sentence

In Frost v. City of New York (HRA), Judge McMahon dismissed the complaint without prejudice after Frost neither completed her fee-waiver application nor paid filing fees.

Who this affects

Yvonne Frost's complaint was dismissed without prejudice because she did not submit the required amended application to proceed without paying filing fees or pay the filing fees. The order also denied permission to proceed without paying fees for an appeal.

What happened

In Frost v. City of New York (HRA), the court had ordered Yvonne Frost to submit a completed application to proceed without paying filing fees or to pay the required filing fees within 30 days.

Frost did neither. The court's order had warned that failing to comply would result in dismissal of the complaint.

Chief Judge Colleen McMahon dismissed the complaint without prejudice. She also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Frost v. City of New York · No. 1:19-cv-09500
Judge
Colleen McMahon
Date
Dec. 6, 2019

Background

Yvonne Frost sued City of New York (HRA) and other defendants. The court had previously ordered Frost, within 30 days, either to file a completed amended application to proceed without paying the filing fees or to pay the $400 required to file a civil action. The earlier order warned that failure to comply would result in dismissal.

Ruling

Frost did not file the amended application and did not pay the filing fees. Chief United States District Judge Colleen McMahon therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. As a result, the court denied permission to proceed without paying fees for an appeal. The Clerk was directed to transmit the order to Frost and note service on the docket.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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