Frost v. CVR Associates Inc.
- Colleen McMahon
- 1:20-cv-00808
- U.S. District Court · Southern District of New York
- 1
Judge McMahon dismissed Frost v. CVR Associates without prejudice because Frost did not obtain required permission before filing.
Yvonne Frost, whose case was dismissed without prejudice because she did not obtain the required permission before filing.
What happened
In Frost v. CVR Associates, Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee. An earlier court order had barred her from filing new fee-waiver cases unless she first obtained permission.
The court dismissed this case without prejudice because Frost had not requested or received that permission. “Without prejudice” means the dismissal did not permanently bar refiling, although the earlier permission requirement remained.
Judge Colleen McMahon also ruled that an appeal would not be taken in good faith and denied Frost permission to appeal without paying the filing fee.
The detailed version
- Frost v. CVR Associates Inc. · No. 1:20-cv-00808
- Colleen McMahon
- Jan. 31, 2020
Background
Yvonne Frost filed this case against CVR Associates and other defendants. The opinion states that Frost was proceeding without a lawyer and sought permission to proceed without paying the filing fee. In an earlier order dated November 7, 2019, the court had barred Frost from filing any new action without paying the fee unless she first obtained the court’s permission.
Court’s Reasoning
The court found that Frost had not sought permission before filing this action. The order therefore dismissed the case under 28 U.S.C. § 1651 for failing to comply with the earlier order. The court did not address the underlying claims against the defendants.
Disposition
Judge Colleen McMahon dismissed the action without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Frost permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.