Frost v. City of New York
- Colleen McMahon
- 1:19-cv-11111
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York, Judge McMahon dismissed Frost’s new case without prejudice for violating an earlier filing order and denied fee-free status for appeal.
Yvonne Frost’s new case was dismissed without prejudice, and her request to proceed without paying fees on appeal was denied. The City of New York (HRA) and the other defendants were not required to litigate the underlying claims in this action.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee.
The court said an earlier November 7, 2019 order barred Frost from filing any new fee-free case unless she first obtained the court’s permission. The opinion states that Frost had not sought that permission.
Judge McMahon dismissed this case without prejudice because Frost did not comply with the earlier order. The court also ruled that any appeal would not be taken in good faith and denied fee-free status for the appeal.
The detailed version
- Frost v. City of New York · No. 1:19-cv-11111
- Colleen McMahon
- Dec. 6, 2019
Background
Yvonne Frost filed this pro se case against the City of New York (HRA) and other defendants. She sought permission to proceed without paying the filing fee, known as in forma pauperis status.
The court stated that, in an earlier order dated November 7, 2019, Frost had been barred from filing any new action without first obtaining the court’s permission to file. The court stated that Frost filed this new case without seeking that permission.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Frost failed to comply with the November 7 order. The opinion does not decide the underlying claims against the defendants.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied in forma pauperis status 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 on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.