Frost v. NYPD
- Colleen McMahon
- 1:19-cv-11951
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Chief Judge Colleen McMahon dismissed Yvonne Frost’s case without prejudice because she filed without required court permission.
Yvonne Frost, whose action was dismissed without prejudice; the order also denied fee-free status for any appeal.
What happened
Frost v. NYPD involved Yvonne Frost’s new case against the NYPD and other defendants. Frost was representing herself and asked to proceed without paying filing fees.
A prior court order barred Frost from filing another fee-free case unless she first obtained the court’s permission. She filed this case without requesting that permission.
Chief Judge Colleen McMahon dismissed the case without prejudice because Frost did not follow the earlier order. The court also denied fee-free status for an appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Frost v. NYPD · No. 1:19-cv-11951
- Colleen McMahon
- Jan. 7, 2020
Background
Yvonne Frost filed a new case while representing herself and requested permission to proceed without paying the filing fee. The opinion says that a November 7, 2019 order had barred Frost from filing any new fee-free action unless she first obtained leave from the court. Frost did not seek that permission before filing this case.
Ruling
Under 28 U.S.C. § 1651, Chief United States District Judge Colleen McMahon dismissed the action without prejudice for failing to comply with the November 7, 2019 order. The opinion does not address the underlying claims against the NYPD or the other defendants. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Effect
The dismissal was without prejudice, as stated by the court. The order directed the Clerk of Court to send Frost a copy and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.