Frost v. City of New York
- Colleen McMahon
- 1:20-cv-00717
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed Yvonne Frost’s new action without prejudice because she filed without required court permission.
The dismissal affected Yvonne Frost’s newly filed action against the City of New York (HRA) and the other named defendants; the court did not reach the underlying claims.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee. The opinion says an earlier court order barred her from filing any new case without paying the fee unless she first obtained permission from the court.
Frost had not requested 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 ruled that any appeal would not be taken in good faith and denied Frost permission to proceed without paying the filing fee on appeal.
The detailed version
- Frost v. City of New York · No. 1:20-cv-00717
- Colleen McMahon
- Feb. 5, 2020
Background
Yvonne Frost filed this action without a lawyer and sought permission to proceed without paying the filing fee. The court referred to an earlier order dated November 7, 2019, which barred Frost from filing any new action without paying the filing fee unless she first obtained leave, meaning permission, from the court.
Reason for Dismissal
The court stated that Frost had not sought permission before filing this new action. Under 28 U.S.C. § 1651, the court dismissed the action without prejudice because Frost failed to comply with the earlier order. The opinion does not decide the underlying claims against the defendants.
Appeal ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied Frost permission to proceed without paying the filing fee for an appeal. Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.