Frost v. City of New York
- Colleen McMahon
- 1:19-cv-11837
- 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 action without prejudice for violating a prior filing restriction.
Yvonne Frost’s newly filed action was dismissed without prejudice, and she was denied permission to proceed without paying the filing fee on appeal. The opinion does not decide the underlying claims against the defendants.
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 required her to obtain permission before filing any new case without paying that fee.
Frost had not asked for that permission before filing this case. The court therefore dismissed the action without prejudice because she failed to comply with the prior order.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Frost permission to proceed without paying the filing fee on appeal.
The detailed version
- Frost v. City of New York · No. 1:19-cv-11837
- Colleen McMahon
- Dec. 30, 2019
Background
Yvonne Frost filed this new case without a lawyer, requested permission to proceed without paying the filing fee, and had not obtained the court’s required permission to file. The court stated that a November 7, 2019 order had barred Frost from filing any new action without paying the filing fee unless she first obtained leave from the court.
Ruling
The court dismissed this action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the November 7 order. A dismissal without prejudice does not bar refiling, although the opinion does not explain what steps would be required for any new filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied permission to proceed without paying the filing fee for an appeal. Judge Colleen McMahon directed the Clerk of Court to assign the matter to her docket, 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.