Frost v. NYPD
- Colleen McMahon
- 1:19-cv-11826
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without required court permission.
Yvonne Frost’s case was dismissed without prejudice because she did not obtain the permission required before filing a new action without paying the filing fee. The opinion does not describe the underlying claims.
What happened
In Frost v. NYPD, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee. A November 7, 2019 order had required her to obtain permission before filing any new case without paying the fee.
Frost did not seek that permission before filing this case. The court therefore dismissed the action without prejudice for failing to follow the earlier order.
Judge Colleen McMahon ordered the dismissal and directed the Clerk of Court to send Frost the order. Judge McMahon also ruled that an appeal would not be taken in good faith and denied Frost permission to appeal without paying the filing fee.
The detailed version
- Frost v. NYPD · No. 1:19-cv-11826
- Colleen McMahon
- Jan. 2, 2020
Background
Yvonne Frost filed this action against NYPD and other defendants. The opinion states that Frost was proceeding without a lawyer and sought permission to proceed without paying the filing fee. A November 7, 2019 order had barred her from filing any new action without paying the filing fee unless she first obtained permission from the court.
Issue
The issue was whether Frost could proceed with this new action after filing it without first obtaining the permission required by the November 7, 2019 order.
Ruling
The court dismissed the action without prejudice because Frost had not complied with the earlier order. The opinion does not decide the merits of Frost’s claims against NYPD or the other defendants.
The court directed the Clerk of Court 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 that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.