Frost v. City of New York
- Colleen McMahon
- 1:19-cv-11410
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed the pro se action without prejudice because Frost did not seek required permission before filing.
Yvonne Frost’s newly filed action was dismissed without prejudice, and her request to proceed without paying the filing fee on appeal was denied.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case and asked to proceed without paying the filing fee.
A November 7, 2019 order had barred Frost from filing any new case without first getting the court’s permission. Frost did not seek that permission before filing this case.
Judge McMahon dismissed the action without prejudice because Frost failed to follow the earlier order. The court also denied permission to proceed without paying the filing fee for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Frost v. City of New York · No. 1:19-cv-11410
- Colleen McMahon
- Dec. 17, 2019
Background
Yvonne Frost filed this pro se action against City of New York (HRA), United States SD Court, Fed Ex, and NYC MTA. She sought permission to proceed without paying the filing fee.
The court stated that a November 7, 2019 order had barred Frost from filing any new action without first obtaining the court’s permission. Frost had not sought that permission before filing this case.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the November 7 order. The order therefore did not decide the merits of Frost’s 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 and denied permission to proceed without paying the filing fee 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.