Frost v. World Trade Center
- Colleen McMahon
- 1:20-cv-00448
- U.S. District Court · Southern District of New York
- 1
Chief Judge McMahon dismissed Frost v. World Trade Center without prejudice because Frost filed without required leave and denied appeal-related IFP status.
Yvonne Frost’s case was dismissed without prejudice because she filed without the permission required by an earlier court order. The defendants were not subjected to a ruling on the underlying claims.
What happened
Frost v. World Trade Center was filed by Yvonne Frost, who represented herself and asked to proceed without paying filing fees. A previous court order barred her from filing a new case without first getting the court’s permission.
Frost filed this case without obtaining that permission. The court dismissed the action without prejudice because she did not follow the earlier order.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for the appeal.
The detailed version
- Frost v. World Trade Center · No. 1:20-cv-00448
- Colleen McMahon
- Jan. 17, 2020
Background
Yvonne Frost filed this case against World Trade Center, N.Y.P.D., City of New York (HRA), and NYC MTA. The opinion states that Frost was representing herself and requested permission to proceed without paying filing fees. A November 7, 2019 court order had barred Frost from filing any new action without first obtaining the court’s permission.
Court’s reasoning
Frost filed this new case but had not requested the required permission. The court therefore found that she had failed to comply with the November 7, 2019 order. The opinion does not address the underlying claims against the defendants.
Disposition
Chief United States District Judge Colleen McMahon dismissed the action without prejudice under 28 U.S.C. § 1651. The Clerk was directed to send Frost a copy of the order and record service on the docket. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.