Frost v. NYPD
- Colleen McMahon
- 1:20-cv-00069
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Judge McMahon dismissed Yvonne Frost’s new action without prejudice because she filed without required permission after an earlier filing restriction.
Yvonne Frost’s federal action was dismissed without prejudice, and her request to proceed without paying the filing fee on appeal was denied; the named defendants were affected by the dismissal.
What happened
In Frost v. NYPD, Yvonne Frost filed a new federal civil action against NYPD, NYC MTA, the City of New York (HRA), CVR Associates Inc., the United States District Court, and Bronx Supreme Court. She also asked to proceed without paying filing fees.
An earlier court order barred Frost from filing a new federal civil action without paying filing fees unless she first obtained the court’s permission. Frost did not seek that permission before filing this action.
Judge Colleen McMahon dismissed the action without prejudice because Frost did not comply with the earlier order. The court also denied her request to proceed without paying filing fees for an appeal and certified that an appeal would not be taken in good faith.
The detailed version
- Frost v. NYPD · No. 1:20-cv-00069
- Colleen McMahon
- Jan. 6, 2020
Background
Yvonne Frost filed this new federal civil action against NYPD, NYC MTA, the City of New York (HRA), CVR Associates Inc., the United States District Court, and Bronx Supreme Court. Frost was representing herself and requested permission to proceed without paying the filing fee.
The court stated that, in an order dated November 7, 2019, it had barred Frost from filing any new federal civil action without paying the filing fee unless she first obtained permission from the court. Frost had not requested that permission before filing this action.
Ruling
Chief United States District Judge Colleen McMahon dismissed the action without prejudice for failure to comply with the November 7, 2019 order. The court directed the Clerk of Court to send Frost a copy of the order and record service on the docket.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied Frost permission to proceed without paying the filing fee for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.