Frost v. NYC MTA
- Colleen McMahon
- 1:20-cv-01007
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYC MTA, Chief Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without required permission.
Yvonne Frost, whose action was dismissed without prejudice and whose permission to proceed without paying the filing fee on appeal was denied.
What happened
Yvonne Frost filed this case without a lawyer and asked to proceed without paying the filing fee. An earlier court order barred her from filing new cases without paying the fee unless she first obtained the court’s permission, but she had not sought that permission.
The court dismissed the action without prejudice because Frost did not follow the earlier order. It also ruled that an appeal would not be taken in good faith and denied her permission to proceed without paying the filing fee on appeal.
Chief Judge Colleen McMahon issued the dismissal order on February 6, 2020. The opinion does not decide the substance of Frost’s claims.
The detailed version
- Frost v. NYC MTA · No. 1:20-cv-01007
- Colleen McMahon
- Feb. 6, 2020
Background
Yvonne Frost filed this case without a lawyer and sought permission to proceed without paying the filing fee. The opinion says that, in an earlier related proceeding, the court had barred Frost from filing any new action without paying the fee unless she first obtained leave—meaning permission—from the court. Frost filed this case but did not seek that permission.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the earlier order. The opinion does not address the underlying claims or explain what relief Frost sought.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. As a result, it denied Frost permission to proceed without paying the filing fee for an appeal. The clerk was directed to send Frost a copy of the order and record service on the docket.
Effect
The dismissal was without prejudice, as the court expressly stated. The ruling was based on Frost’s failure to obtain the permission required by the earlier order, not on a decision about the merits of her claims. Chief Judge Colleen McMahon entered the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.