Frost v. US SD Court
- Colleen McMahon
- 1:19-cv-11261
- U.S. District Court · Southern District of New York
- 1
In Frost v. US SD Court, Judge McMahon dismissed the case without prejudice and denied fee-free appeal status because Frost lacked required filing permission.
Yvonne Frost’s newly filed action was dismissed without prejudice, and she was denied permission to proceed without paying filing fees for an appeal.
What happened
In Frost v. US SD Court, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying filing fees. An earlier order had barred her from filing new fee-free cases without first obtaining the court’s permission.
Frost had not asked for that permission before filing this case. The opinion does not describe the underlying claims or address their merits.
Judge Colleen McMahon dismissed the action without prejudice for violating the earlier order. She also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Frost v. US SD Court · No. 1:19-cv-11261
- Colleen McMahon
- Jan. 2, 2020
Background
On November 7, 2019, the court had barred Yvonne Frost from filing any new action without paying filing fees unless she first obtained the court’s permission. Frost then filed this new case without a lawyer, requested permission to proceed without paying filing fees, and did not first seek the required leave to file.
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 November 7, 2019 order. The opinion does not address the merits of Frost’s underlying claims. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal.
Effect
The dismissal was without prejudice, as the court expressly stated. The order 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.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.