Yvonne v. MT. Sinai Hospital
- Colleen McMahon
- 1:20-cv-00780
- U.S. District Court · Southern District of New York
- 2
In Yvonne Frost v. MT. Sinai Hospital, Judge McMahon dismissed the action without prejudice because Frost filed without paying fees or obtaining required permission.
Yvonne Frost, whose action was dismissed without prejudice; MT. Sinai Hospital and the other named defendants were not reached on the merits.
What happened
Yvonne Frost filed a civil action against MT. Sinai Hospital and others in the Southern District of New York. She was representing herself.
A prior court order barred Frost from filing a new civil action without paying the filing fee or first obtaining permission to proceed without paying. Frost filed this action without paying the fee, submitting an application to proceed without paying, or seeking the required permission.
Judge Colleen McMahon dismissed the action without prejudice for violating the prior order. The judge also denied permission to proceed without paying fees for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Yvonne v. MT. Sinai Hospital · No. 1:20-cv-00780
- Colleen McMahon
- Feb. 4, 2020
Background
In a prior related proceeding, the court barred Yvonne Frost from filing any new civil action in the Southern District of New York without paying the required fees or first obtaining the court's permission to proceed without paying them. Frost then filed this action on January 28, 2020, while representing herself. She did not pay the filing fees or submit an application to proceed without paying them.
Court's reasoning
Because Frost had not paid the fees, the court treated her complaint as requesting permission to proceed without paying. The court determined that she had not sought the permission required by the earlier order. It therefore dismissed the action without prejudice for failing to comply with that order.
Disposition
Judge Colleen McMahon dismissed the action without prejudice. The court directed the clerk to note service on the docket. It also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.