Frost v. World Trade Center
- Colleen McMahon
- 1:19-cv-11548
- U.S. District Court · Southern District of New York
- 1
In Frost v. World Trade Center, Judge McMahon dismissed Yvonne Frost’s case without prejudice for filing without required permission.
Yvonne Frost’s case was dismissed without prejudice because she filed without the permission required by an earlier court order. The court also denied fee-free status for any appeal from this order.
What happened
In Frost v. World Trade Center, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee. A prior court order required her to get permission before filing any new case without paying that fee.
Frost had not asked for that permission before filing this case. The court dismissed the case without prejudice because she did not follow the earlier order.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Frost permission to proceed without paying the fee for an appeal.
The detailed version
- Frost v. World Trade Center · No. 1:19-cv-11548
- Colleen McMahon
- Dec. 18, 2019
Background
Yvonne Frost filed this new case without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that an earlier order barred Frost from filing any new action without paying the fee unless she first obtained permission from the court.
Reason for dismissal
Frost had not requested permission before filing this action. Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Frost failed to comply with the earlier filing restriction. “Without prejudice” means the dismissal itself did not bar a later filing, although the opinion does not address what permission or other requirements would apply to any later filing.
Appeal ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying the filing fee for an appeal. The Clerk of Court was directed to 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.