Frost v. US SD Court
- Colleen McMahon
- 1:20-cv-00250
- U.S. District Court · Southern District of New York
- 1
In Frost v. US SD Court, Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without required permission.
Yvonne Frost, whose case was dismissed without prejudice because she did not obtain the required permission before filing with a fee waiver.
What happened
In Frost v. US SD Court, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee. An earlier order barred her from filing new cases with that fee waiver unless she first obtained the court’s permission.
Frost had not asked for that permission before filing. The court therefore dismissed this case without prejudice for violating the earlier order.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Frost permission to appeal without paying the filing fee.
The detailed version
- Frost v. US SD Court · No. 1:20-cv-00250
- Colleen McMahon
- Jan. 13, 2020
Background
Yvonne Frost filed this case without a lawyer and requested permission to proceed without paying the filing fee. An earlier November 7, 2019 order had barred her from filing any new action with that fee waiver unless she first obtained leave from the court.
Ruling
Because Frost had not sought leave before filing this action, the court dismissed the case without prejudice for failing to comply with the earlier order. The dismissal was based on that filing restriction; the opinion does not address the merits of Frost’s claims.
Appeal and Other Directions
Judge Colleen McMahon directed the Clerk of Court to assign the case to her docket, mail Frost a copy of the order, and record service on the docket. The court certified that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.