Frost v. NYPD
- Colleen McMahon
- 1:19-cv-11840
- U.S. District Court · Southern District of New York
- 1
In re Yvonne Frost: Judge McMahon dismissed three complaints without prejudice and denied appeal fee-waiver status.
The plaintiff and the three complaints identified by docket numbers 1:19-CV-11835, 1:19-CV-11839, and 1:19-CV-11840.
What happened
In re Yvonne Frost involved three complaints identified by docket numbers 1:19-CV-11835, 1:19-CV-11839, and 1:19-CV-11840. The judgment followed a January 3, 2020 order dismissing the complaints and relied on an earlier order in a related case.
The court dismissed the complaints without prejudice, meaning the judgment itself did not bar refiling. It also ordered the Clerk of Court to mail the judgment to the plaintiff and record that it had been sent.
Chief United States District Judge Colleen McMahon certified that an appeal would not be taken in good faith and denied fee-waiver status for an appeal. The judgment did not state the underlying claims or explain the complaints’ dismissal basis.
The detailed version
- Frost v. NYPD · No. 1:19-cv-11840
- Colleen McMahon
- Jan. 3, 2020
Background
The civil judgment concerned three complaints identified by docket numbers 1:19-CV-11835, 1:19-CV-11839, and 1:19-CV-11840. It was issued pursuant to a January 3, 2020 order dismissing those complaints. The judgment stated that the dismissals were based on an order entered November 7, 2019, in a prior related proceeding.
The opinion text does not describe the claims, the defendants’ positions, or the reasons for the underlying dismissal beyond this reference.
Ruling
The court ordered, adjudged, and decreed that the complaints were dismissed without prejudice. It separately ordered the Clerk of Court to mail a copy of the judgment to the plaintiff and note service on the dockets.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. As a result, it denied the plaintiff permission to appeal without paying court fees. The judgment cited the rule that an appeal is taken in good faith when the appellant seeks review of a nonfrivolous issue.
Disposition
The three complaints were dismissed without prejudice. Appeal fee-waiver status was denied.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.