Frost v. CVR Associates Inc.
- Colleen McMahon
- 1:19-cv-11330
- U.S. District Court · Southern District of New York
- 1
In Frost v. CVR Associates Inc., Judge McMahon dismissed the action without prejudice because Frost filed without required court permission.
Yvonne Frost's newly filed action was dismissed without prejudice. Frost was also denied permission to appeal without paying the filing fee.
What happened
In Frost v. CVR Associates Inc., Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee. A prior court order had barred her from filing any new fee-free case without first obtaining permission.
Frost did not obtain that permission before filing this case. The opinion does not address the underlying claims against CVR Associates Inc. or the other defendants.
Judge Colleen McMahon dismissed the action without prejudice for violating the prior order. The court also denied Frost permission to appeal without paying the filing fee, certifying that an appeal would not be taken in good faith.
The detailed version
- Frost v. CVR Associates Inc. · No. 1:19-cv-11330
- Colleen McMahon
- Dec. 17, 2019
Background
On November 7, 2019, the court had barred Yvonne Frost from filing any new action without paying the filing fee unless she first obtained the court's permission. Frost then filed this new case without a lawyer, requested permission to proceed without paying the filing fee, and did not seek the required permission before filing.
Ruling
Under 28 U.S.C. § 1651, the court dismissed this action without prejudice because Frost failed to comply with the November 7 order. The opinion does not decide the merits of Frost's claims against CVR Associates Inc. or the other defendants.
Other Orders
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 court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Frost permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.