Frost v. Whole Foods Market
- Colleen McMahon
- 1:20-cv-00234
- U.S. District Court · Southern District of New York
- 1
In Frost v. Whole Foods Market, Judge McMahon dismissed Yvonne Frost’s case without prejudice because she did not obtain required permission to file it.
Yvonne Frost’s civil action was dismissed without prejudice because she did not obtain the court’s required permission before filing. The court also denied her permission to appeal without paying the filing fee.
What happened
In Frost v. Whole Foods Market, Yvonne Frost filed a new civil case without a lawyer and asked to proceed without paying the filing fee. An earlier order had barred her from filing new civil cases without that fee unless she first obtained the court’s permission.
Frost did not ask for that permission before filing this case. The court therefore dismissed the case without prejudice because she failed to follow 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. Whole Foods Market · No. 1:20-cv-00234
- Colleen McMahon
- Jan. 14, 2020
Background
Yvonne Frost filed this civil action without a lawyer and sought permission to proceed without paying the filing fee. The opinion states that an earlier order barred Frost from filing any new civil action in this court without paying the fee unless she first obtained the court’s permission to file.
Reason for dismissal
Frost filed this action without first seeking the required permission. The court dismissed the action because she failed to comply with the earlier order. The dismissal was without prejudice, meaning the order did not bar refiling on that basis.
Ruling and appeal status
Chief United States District Judge Colleen McMahon dismissed the action without prejudice under 28 U.S.C. § 1651. The court directed the Clerk of Court to assign the matter to Judge McMahon’s docket and record service on the docket. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.