Frost v. NYPD
- Colleen McMahon
- 1:20-cv-00574
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Judge McMahon dismissed the action without prejudice because Frost lacked required court permission to file without paying fees.
Yvonne Frost, whose action was dismissed without prejudice because she had not obtained the required permission before filing; the order also denied her permission to proceed without paying filing fees on appeal.
What happened
In Frost v. NYPD, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying filing fees. A prior court order required her to obtain permission before filing any new case under that arrangement.
Frost had not asked for that permission before filing this case. The court therefore dismissed the action without prejudice for failing to follow the earlier order.
Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied Frost permission to proceed without paying fees on appeal.
The detailed version
- Frost v. NYPD · No. 1:20-cv-00574
- Colleen McMahon
- Jan. 23, 2020
Background
Yvonne Frost filed this case without a lawyer and requested permission to proceed without paying filing fees. The opinion states that, on November 7, 2019, the court had barred Frost from filing any new action under that arrangement unless she first obtained the court's permission.
Issue
The issue was whether Frost's new case could proceed when she had not obtained the permission required by the November 7, 2019 order.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost had not complied with the earlier filing restriction. “Without prejudice” means the dismissal did not itself bar refiling, although the opinion states that Frost must comply with the prior permission requirement.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Frost permission to proceed without paying filing fees for purposes of an appeal. The clerk was directed to 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.