Frost v. City of New York
- Colleen McMahon
- 1:19-cv-11550
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed Yvonne Frost’s new case without prejudice for failing to follow a prior filing restriction.
Yvonne Frost’s new action was dismissed without prejudice because she did not obtain the required permission before filing. Her request to proceed without paying the filing fee on appeal was also denied.
What happened
Frost v. City of New York (HRA) involved Yvonne Frost’s new case against the City of New York (HRA) and others. The opinion does not describe the underlying claims.
Frost was representing herself and asked to proceed without paying the filing fee. A prior order had barred her from filing any new case without first obtaining court permission, but she did not seek that permission.
Judge McMahon dismissed the case without prejudice because Frost failed to comply with the earlier order. The court also denied her request to proceed without paying the filing fee for an appeal, after finding that any appeal would not be taken in good faith.
The detailed version
- Frost v. City of New York · No. 1:19-cv-11550
- Colleen McMahon
- Dec. 18, 2019
Background
Yvonne Frost filed a new case against the City of New York (HRA) and others. The opinion states that Frost was proceeding without a lawyer and requested permission to proceed without paying the filing fee.
In a prior order dated November 7, 2019, the court had barred Frost from filing any new action without paying the filing fee unless she first obtained leave, meaning court permission, to file. Frost did not seek that permission before filing this case. The opinion does not describe the underlying claims.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the November 7, 2019 order. A dismissal without prejudice does not itself bar refiling, although the opinion requires compliance with the prior filing restriction.
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 purposes of 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.