Frost v. United States SD Court
- Colleen McMahon
- 1:19-cv-11606
- U.S. District Court · Southern District of New York
- 1
In Frost v. United States SD Court, Judge McMahon dismissed the case without prejudice because Frost lacked required permission to file without fees.
Yvonne Frost, whose action was dismissed without prejudice and whose request to proceed without paying appeal fees was denied.
What happened
Yvonne Frost filed Frost v. United States SD Court without a lawyer and asked to proceed without paying filing fees. The court had previously ordered that she obtain permission before filing any new case under those conditions.
Frost did not request that permission before filing this case. The court therefore dismissed the action without prejudice for failing to follow its earlier order.
Chief Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Frost permission to proceed without paying appeal fees.
The detailed version
- Frost v. United States SD Court · No. 1:19-cv-11606
- Colleen McMahon
- Dec. 20, 2019
Background
Yvonne Frost filed this new case without a lawyer and requested permission to proceed without paying filing fees, commonly called IFP status. In an order from a prior related proceeding, the court barred Frost from filing any new action under those conditions unless she first obtained permission from the court.
Frost did not seek that permission before filing this action.
Ruling
Chief United States District Judge Colleen McMahon dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the earlier order. The opinion does not decide the underlying claims against the defendants.
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 permission to proceed without paying filing fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.