Frost v. City of New York
- Colleen McMahon
- 1:20-cv-00873
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed the pro se plaintiff’s action without prejudice because she had not obtained required permission to file.
Yvonne Frost’s newly filed action was dismissed without prejudice because she had not obtained the permission required by the court’s earlier order. The court also denied fee-free status for any appeal.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case without a lawyer and sought permission to proceed without paying the filing fee.
A November 7, 2019 order had barred Frost from filing any new case without first obtaining the court’s permission. Frost had not requested that permission before filing this action.
Chief Judge Colleen McMahon dismissed the action without prejudice for violating the earlier order. She also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Frost v. City of New York · No. 1:20-cv-00873
- Colleen McMahon
- Feb. 3, 2020
Background
Yvonne Frost filed this pro se action against the City of New York (HRA) and other defendants. She sought to proceed without paying the filing fee. The opinion states that, in an earlier order dated November 7, 2019, the court barred Frost from filing any new action without first obtaining leave, or permission, from the court.
Ruling
Because Frost had not sought permission before filing this action, Chief Judge Colleen McMahon dismissed the action without prejudice under 28 U.S.C. § 1651 for failure to comply with the November 7 order. The opinion does not address the underlying claims.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.