Frost v. NYPD
- Colleen McMahon
- 1:20-cv-00522
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without first obtaining required permission to proceed without paying fees.
Yvonne Frost’s newly filed case was dismissed without prejudice because she did not obtain the permission required by the earlier order. The court also denied permission to proceed without paying fees for an appeal.
What happened
In Frost v. NYPD, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee. A prior order had barred her from filing new cases without paying fees unless she first obtained the court’s permission.
Frost had not asked for that permission before filing this case. The court dismissed the case without prejudice for failing to follow the earlier order. It also said any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
Chief United States District Judge Colleen McMahon issued the order on January 22, 2020.
The detailed version
- Frost v. NYPD · No. 1:20-cv-00522
- Colleen McMahon
- Jan. 22, 2020
Background
Yvonne Frost filed this case without a lawyer and requested permission to proceed without paying the filing fee. The opinion states that an earlier order had barred Frost from filing any new action without paying the filing fee unless she first obtained permission from the court. That earlier order arose in a prior related proceeding.
Ruling
The court dismissed this action without prejudice under 28 U.S.C. § 1651 because Frost had not sought the required permission before filing. “Without prejudice” means the dismissal did not itself bar refiling, although the opinion says Frost remained subject to the earlier permission requirement.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. It therefore denied permission to proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to assign the matter to Judge McMahon’s docket, mail Frost a copy of the order, and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.