Frost v. City of New York

Background

The order concerns three civil actions filed by Yvonne Frost:

- 1:19-CV-10469, against City of New York (HRA), et al.; - 1:19-CV-10921, against CVR Associates Inc., et al.; and - 1:19-CV-10987, against City Hall, et al.

The opinion states that Frost filed these actions pro se, meaning without a lawyer, on November 8, 25, and 26, 2019. In each action, she sought permission to proceed without paying the filing fee.

Prior Filing Restriction

In an order entered on November 8, 2019, in a prior related proceeding, the court barred Frost from filing any new civil action in the Southern District of New York without paying the filing fee unless she first obtained the court’s permission to file. Frost did not seek that permission before filing the three actions addressed here.

The opinion also notes that, in the complaint in the action against CVR Associates Inc., Frost referred to individuals who may be minors by their full names. Under Federal Rule of Civil Procedure 5.2(a)(3), references to a minor in a court filing must be limited to the minor’s initials. The court directed the Clerk to restrict electronic access to that complaint to court participants.

Ruling

Chief Judge Colleen McMahon dismissed all three actions without prejudice because Frost failed to comply with the earlier order requiring her to obtain permission before filing new cases without paying the filing fee. “Without prejudice” means the order did not state that refiling was permanently barred.

The court also directed the Clerk to assign the matters to Judge McMahon and note service on the docket. Because Frost had consented to electronic service of court documents in each action, the court addressed service through the docket. Finally, under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied filing-fee status for purposes of an appeal.