Frost v. City of New York
- Colleen McMahon
- 1:20-cv-00305
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed Yvonne Frost’s case without prejudice because she had not obtained required filing permission.
Yvonne Frost’s case was dismissed without prejudice because she filed without first obtaining permission required by an earlier court order. The court also denied her permission to proceed without paying the filing fee on appeal.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case while representing herself and asked to proceed without paying the filing fee. An earlier court order had barred her from filing new cases without first getting the court’s permission.
Frost had not asked for that permission before filing this case. The court therefore dismissed the action 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 proceed without paying the filing fee on appeal.
The detailed version
- Frost v. City of New York · No. 1:20-cv-00305
- Colleen McMahon
- Jan. 14, 2020
Background
Yvonne Frost filed this case against the City of New York (HRA), the New York City Police Department, and the New York City Metropolitan Transportation Authority. She represented herself and asked to proceed without paying the filing fee. The opinion states that an earlier order barred Frost from filing any new case without first obtaining permission from the court. Frost filed this case but did not seek that permission.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the earlier order. “Without prejudice” means the dismissal itself does not bar a later filing, although the opinion does not address what steps would be required for any later filing. The clerk was directed to send Frost a copy of the order and record service on the docket.
Appeal and filing-fee status
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore 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.