Frost v. NYPD
- Colleen McMahon
- 1:19-cv-11670
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Chief Judge McMahon dismissed the case without prejudice because Frost filed without first getting required court permission.
Yvonne Frost, whose case was dismissed without prejudice; the order also denied her permission to proceed without paying filing fees on appeal.
What happened
In Frost v. NYPD, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying filing fees. A prior order had required her to obtain permission before filing any new case under that arrangement.
Frost had not asked for that permission before filing this case. The court therefore dismissed the action without prejudice for failing to follow the earlier order.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Frost permission to proceed without paying fees on appeal.
The detailed version
- Frost v. NYPD · No. 1:19-cv-11670
- Colleen McMahon
- Jan. 7, 2020
Background
Yvonne Frost filed this case without a lawyer, sought permission to proceed without paying filing fees, and had not obtained leave from the court before filing. The opinion states that a November 7, 2019 order barred Frost from filing any new action under that fee-waiver procedure without first obtaining the court's permission.
Ruling
The court dismissed the action without prejudice because Frost failed to comply with the November 7, 2019 order. The court also directed the Clerk of Court to send Frost a copy of the order and record service on the docket.
Appeal
Chief United States District Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The court therefore denied Frost permission to proceed without paying filing fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.