Frost v. N.Y.P.D.
- Colleen McMahon
- 1:20-cv-00027
- U.S. District Court · Southern District of New York
- 1
In Frost v. N.Y.P.D., Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without required permission to proceed without paying fees.
Yvonne Frost’s case was dismissed without prejudice, and she was denied fee-free status for purposes of an appeal. The opinion does not adjudicate the claims against the defendants.
What happened
In Frost v. N.Y.P.D., Yvonne Frost filed a new case without a lawyer and asked to proceed without paying filing fees. The court had previously ordered that she obtain permission before filing any new case under that status.
Frost had not obtained that permission before filing this case. The opinion does not discuss the substance of her claims against the listed defendants.
Chief Judge Colleen McMahon dismissed the action without prejudice because Frost did not follow the earlier order. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Frost v. N.Y.P.D. · No. 1:20-cv-00027
- Colleen McMahon
- Jan. 6, 2020
Background
Yvonne Frost filed this case without a lawyer against N.Y.P.D.; City of New York (HRA); CVR Associates Inc.; Bronx Supreme Court; and United States SD Court. She 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 under that status unless she first obtained the court’s permission.
Reason for Dismissal
Frost had not requested or obtained that permission before filing this case. The court therefore dismissed the action without prejudice for failing to comply with the November 7, 2019 order. The opinion does not address the merits of Frost’s claims.
Appeal and Service
The court directed the Clerk of Court to send Frost a copy of the order and record service on the docket. Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Disposition
Chief United States District Judge Colleen McMahon dismissed the action without prejudice. The dismissal was based on Frost’s failure to obtain the required permission before filing, not on a decision about the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.