Frost v. Champion Pizza
- Colleen McMahon
- 1:20-cv-01137
- U.S. District Court · Southern District of New York
- 1
In Frost v. Champion Pizza, Judge McMahon dismissed Yvonne Frost’s action without prejudice because she filed without required court permission.
Yvonne Frost, whose action was dismissed without prejudice and whose request to proceed without paying the appeal filing fee was denied.
What happened
Frost v. Champion Pizza involved Yvonne Frost’s new case, filed without a lawyer, after an earlier order required her to get court permission before filing any new case without paying filing fees.
Frost asked to proceed without paying filing fees but had not obtained that permission, so the court dismissed the action without prejudice for violating the earlier order.
Judge Colleen McMahon also said an appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Frost v. Champion Pizza · No. 1:20-cv-01137
- Colleen McMahon
- Feb. 11, 2020
Background
Yvonne Frost filed a new pro se action against Champion Pizza and other defendants and requested permission to proceed without paying the filing fee. A November 7, 2019 order had barred Frost from filing any new action without paying the filing fee unless she first obtained leave from the court. Frost had not sought that leave.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the earlier filing restriction. The opinion does not address the underlying claims against the defendants. The Clerk of Court was directed to send Frost a copy of the order and record service on the docket.
Appeal and Filing-Fee Status
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.