Frost v. City of New York
- Colleen McMahon
- 1:20-cv-00647
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed Frost’s case without prejudice because she filed without required court permission.
Yvonne Frost’s new action was dismissed without prejudice, and she was denied permission to proceed without prepaying fees for an appeal.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case without a lawyer and asked to proceed without prepaying filing fees. The opinion says she had previously been barred from filing a new case without first obtaining the court’s permission.
Frost did not ask for that permission before filing this case. The court therefore dismissed the action because she failed to comply with the earlier order.
Judge McMahon dismissed the action without prejudice. The court also ruled that an appeal would not be taken in good faith and denied Frost permission to proceed without prepaying fees for an appeal.
The detailed version
- Frost v. City of New York · No. 1:20-cv-00647
- Colleen McMahon
- Jan. 27, 2020
Background
Yvonne Frost filed this new case without a lawyer, sought permission to proceed without prepaying filing fees, and named the City of New York (HRA), among others, as a defendant. The opinion does not describe the underlying claims.
The court stated that, in a November 7, 2019 order in a prior related proceeding, Frost had been barred from filing any new case without first obtaining the court’s permission to file. Frost had not sought that permission before filing this action.
Ruling
Invoking 28 U.S.C. § 1651, the court dismissed this action without prejudice for failure to comply with the November 7, 2019 order. The opinion does not decide the merits of Frost’s underlying claims.
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 proceed without prepaying fees for an appeal. The clerk was directed to send 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.