Frost v. City of New York
- Colleen McMahon
- 1:20-cv-00964
- 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 case without prejudice because she filed without required court permission.
Yvonne Frost’s new action was dismissed without prejudice, and fee-free status was denied for any appeal.
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. An earlier court order had barred her from filing any new case under that arrangement without first getting the court’s permission.
Frost did not ask for that permission before filing this case. The opinion does not address whether her underlying claims against the City of New York (HRA) had merit.
Judge Colleen McMahon dismissed the action without prejudice because Frost failed to follow the earlier order. The court also said an appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Frost v. City of New York · No. 1:20-cv-00964
- Colleen McMahon
- Feb. 6, 2020
Background
Yvonne Frost filed this new case without a lawyer and requested permission to proceed without paying the filing fee, commonly called proceeding in forma pauperis. The court stated that, on November 7, 2019, Frost had been barred from filing any new action under that arrangement without first obtaining the court’s permission. The earlier order was identified as ECF 1:19-CV-8936, 6 (S.D.N.Y. Nov. 7, 2019).
Reason for Dismissal
Frost filed the new case but did not request the required permission. The court dismissed the action without prejudice under 28 U.S.C. § 1651 for failing to comply with the November 7, 2019 order. The opinion did not decide the merits of Frost’s claims against the City of New York (HRA) or the other defendants.
Disposition and Appeal
Chief United States District Judge Colleen McMahon ordered the Clerk of Court to send Frost a copy of the order and record service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Frost permission to proceed without paying the filing fee for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.