Frost v. United States SD Court
- Colleen McMahon
- 1:19-cv-11916
- U.S. District Court · Southern District of New York
- 1
In Frost v. United States SD Court, Judge McMahon dismissed the pro se case without prejudice because Frost filed without required permission.
Yvonne Frost, who filed the action without a lawyer and was subject to the court’s prior filing restriction.
What happened
Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee. A November 7, 2019 order had barred her from filing any new fee-free case unless she first obtained the court’s permission, which she had not requested.
The court dismissed this case without prejudice because Frost did not follow that earlier order. This means the dismissal did not bar her from filing again, although the opinion does not state what steps would be required for another filing.
Chief United States District Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Frost v. United States SD Court · No. 1:19-cv-11916
- Colleen McMahon
- Jan. 3, 2020
Background
On November 7, 2019, the court entered an order barring Plaintiff Yvonne Frost from filing any new action without paying the filing fee unless she first obtained leave, or permission, from the court. Frost then filed this pro se action, meaning she represented herself, requested permission to proceed without paying the filing fee, and did not seek the required leave before filing.
Court’s ruling
The court 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 decide the underlying merits of any claim.
Appeal ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Frost permission to proceed without paying the filing fee for purposes of an appeal. Chief United States District Judge Colleen McMahon also directed the Clerk of Court to assign the case 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.