Frost v. NYPD
- Colleen McMahon
- 1:20-cv-00877
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without first obtaining required court permission.
Yvonne Frost’s newly filed action was dismissed without prejudice; the opinion does not decide the underlying claims against NYPD or the other defendants.
What happened
In Frost v. NYPD, Yvonne Frost filed a new case without a lawyer and sought to proceed without paying the filing fee. A prior court order required her to obtain permission before filing any new action without paying the fee.
The court said Frost had not requested that permission before filing this case. It therefore dismissed the action without prejudice for failing to follow the earlier order.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Frost permission to appeal without paying the required fees.
The detailed version
- Frost v. NYPD · No. 1:20-cv-00877
- Colleen McMahon
- Feb. 5, 2020
Background
Yvonne Frost filed this case against NYPD and other defendants. She was proceeding without a lawyer and sought permission to proceed without paying the filing fee. The opinion states that an earlier order had barred Frost from filing any new action without paying the fee unless she first obtained permission from the court. This summary refers to that earlier matter as a prior related proceeding and does not reproduce its caption.
Reason for dismissal
The court found that Frost had not sought the required permission before filing this 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 address the underlying claims against the defendants.
Appeal ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied Frost permission to appeal without paying the required fees. Chief Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.