Frost v. Stop & Shop
- Colleen McMahon
- 1:19-cv-11420
- U.S. District Court · Southern District of New York
- 1
In Frost v. Stop & Shop, Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without required permission.
The ruling directly affected Yvonne Frost by ending this action without prejudice and denying her permission to proceed without paying the filing fee for an appeal. The opinion does not describe any separate relief awarded to or against Stop & Shop or City of New York (HRA).
What happened
In Frost v. Stop & Shop, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee.
A prior court order barred Frost from filing any new case without paying the filing fee unless she first obtained the court’s permission. The opinion says Frost did not seek that permission before filing this case.
Judge Colleen McMahon dismissed the case without prejudice because Frost did not comply with the earlier order. The court also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Frost v. Stop & Shop · No. 1:19-cv-11420
- Colleen McMahon
- Dec. 17, 2019
Background
Yvonne Frost filed this new case without a lawyer and requested permission to proceed without paying the filing fee. The court had previously ordered that Frost could not file any new case without paying the filing fee unless she first obtained leave, meaning permission, from the court. The opinion states that Frost filed this case without seeking that permission.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the earlier order. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not specify what steps would be required for another filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied Frost permission to proceed without paying the filing fee for an appeal. The order directed the Clerk of Court to assign the matter to Judge McMahon’s docket, send Frost a copy of the order, and note service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.