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S.D.N.Y.Procedural orderFiled Feb. 6, 2020

Frost v. NYC MTA

Judge
Colleen McMahon
Docket
1:20-cv-00987
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedurePro Se
In one sentence

In Frost v. NYC MTA, Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without required court permission.

Who this affects

Yvonne Frost’s case was dismissed without prejudice for failing to obtain the permission required before filing a new action without paying the filing fee. The court also denied her permission to proceed without paying the filing fee on appeal.

What happened

Yvonne Frost filed a new case against NYC MTA without a lawyer and asked to proceed without paying the filing fee. A prior court order required her to obtain permission before filing any new case without paying that fee.

Frost had not asked for 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 an appeal would not be taken in good faith and denied Frost permission to proceed without paying the fee for an appeal.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Frost v. NYC MTA · No. 1:20-cv-00987
Judge
Colleen McMahon
Date
Feb. 6, 2020

Background

Yvonne Frost filed this new case without a lawyer, asked to proceed without paying the filing fee, and had not obtained permission required by an earlier court order. That earlier order barred Frost from filing any new action without paying the filing fee unless she first obtained leave, meaning permission, from the court.

Ruling

The court dismissed this action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the earlier order. The opinion did not decide the underlying claims against NYC MTA.

The court also 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 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.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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