Frost v. City of New York
- Colleen McMahon
- 1:19-cv-11321
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Chief Judge McMahon dismissed the case without prejudice because Yvonne Frost filed without the required court permission.
Yvonne Frost's newly filed action was dismissed without prejudice because she did not obtain the permission required by the court's earlier order. The court also denied fee-free filing status for any appeal.
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 filing fees. A November 7, 2019 order had required her to get the court’s permission before filing any new case in that way.
Frost had not asked for that permission before filing this case. The opinion dismissed the action because she did not comply with the earlier order.
Chief Judge Colleen McMahon dismissed the case without prejudice. The court also said an appeal would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal.
The detailed version
- Frost v. City of New York · No. 1:19-cv-11321
- Colleen McMahon
- Jan. 2, 2020
Background
Yvonne Frost filed this action without a lawyer and requested permission to proceed without paying filing fees. The court stated that, in a November 7, 2019 order, Frost had been barred from filing any new action in that manner unless she first obtained leave from the court.
Frost filed this new case without first seeking that required permission. The opinion does not address the underlying claims against the defendants.
Ruling
The court dismissed the action without prejudice for failure to comply with the November 7, 2019 order. “Without prejudice” means the dismissal itself does not bar refiling, although the opinion does not state what steps would be required to file another action.
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. The Clerk was directed 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.