Frost v. City of New York
- Colleen McMahon
- 1:19-cv-09983
- U.S. District Court · Southern District of New York
- 2
Judge McMahon dismissed Frost v. City of New York without prejudice because Frost neither paid filing fees nor submitted a completed fee-waiver application.
Yvonne Frost’s complaint was dismissed without prejudice for failure to submit the required amended fee-waiver application or pay the $400 filing fee. The order did not decide the claims against the named defendants, and it denied a fee waiver 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 waive the filing fee or pay the $400 required to start a civil case. The order gave her thirty days to comply and warned that the complaint would be dismissed if she did not.
Frost did neither. The court therefore dismissed the complaint without prejudice, meaning the dismissal did not bar refiling. The court also denied a fee waiver for any appeal because it certified that an appeal would not be taken in good faith.
Chief Judge Colleen McMahon issued the dismissal order on December 9, 2019. The opinion does not decide the underlying claims against the City of New York or the other named defendant.
The detailed version
- Frost v. City of New York · No. 1:19-cv-09983
- Colleen McMahon
- Dec. 9, 2019
Background
By an order dated November 5, 2019, the court directed Yvonne Frost to submit a completed amended application to proceed without paying the filing fee or to pay the $400 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court’s Ruling
Frost did not file the amended fee-waiver application and did not pay the required fees. The court dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the order did not state that Frost was barred from bringing the matter again.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. As a result, Frost was denied permission to proceed without paying fees for an appeal. The order did not address the merits of Frost’s claims.
Effect of the Order
The dismissal ended this action at that stage because Frost did not satisfy the filing-fee or fee-waiver requirement. 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. The opinion does not state whether Frost was represented by a lawyer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.