Frost v. City of New York
- Colleen McMahon
- 1:19-cv-11259
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed Yvonne Frost’s case without prejudice because she had not obtained required filing permission.
Yvonne Frost’s newly filed action was dismissed without prejudice; the order also denied her fee-free status for an appeal.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee.
A prior order had barred her from filing any new fee-free case unless she first obtained the court’s permission. She had not requested that permission before filing this case.
Judge Colleen McMahon dismissed the case without prejudice because Frost failed to follow the prior order. The judge also denied fee-free status for an appeal and certified that an appeal would not be taken in good faith.
The detailed version
- Frost v. City of New York · No. 1:19-cv-11259
- 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 opinion states that, in a prior related proceeding, the court had barred Frost from filing any new fee-free case unless she first obtained leave from the court.
Frost had not sought that leave before filing this action. The opinion identifies the dismissal as being under 28 U.S.C. § 1651.
Ruling
Chief Judge Colleen McMahon dismissed the action without prejudice because Frost failed to comply with the earlier order. 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 also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Frost permission to proceed without paying the filing fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.