Frost v. City of New York
- Colleen McMahon
- 1:20-cv-00133
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York, Judge McMahon dismissed Yvonne Frost’s new lawsuit without prejudice because she filed without required court permission.
Yvonne Frost, whose newly filed civil action was dismissed without prejudice and whose request to proceed without paying the filing fee on appeal was denied.
What happened
Yvonne Frost filed a new civil case against the City of New York (HRA) and other defendants while asking to proceed without paying the filing fee.
A prior court order barred Frost from filing a new civil case in that court without first obtaining permission. Frost did not seek that permission before filing this case.
Chief Judge Colleen McMahon dismissed the case without prejudice for violating the earlier order. She also denied Frost permission to proceed without paying the filing fee on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Frost v. City of New York · No. 1:20-cv-00133
- Colleen McMahon
- Jan. 9, 2020
Background
Yvonne Frost filed this civil action on January 7, 2020, and sought to proceed without paying the filing fee. The opinion describes her as representing herself. In an earlier order, the court barred Frost from filing any new civil action in the Southern District of New York without first obtaining permission from the court.
Court’s ruling
Frost had not requested permission before filing this action. The court therefore dismissed the action without prejudice because she failed to comply with the earlier order. The court also certified that an appeal would not be taken in good faith and denied Frost permission to proceed without paying the filing fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.