Frost v. Fresh Direct
- Colleen McMahon
- 1:20-cv-01154
- U.S. District Court · Southern District of New York
- 2
In Frost v. Fresh Direct, Chief Judge McMahon dismissed the action without prejudice because Frost filed without required court permission.
Yvonne Frost's action against Fresh Direct and the other defendants was dismissed without prejudice because she did not obtain the permission required by an earlier court order. The order also denied her permission to appeal without paying filing fees.
What happened
In Frost v. Fresh Direct, Yvonne Frost filed a new civil action and asked to proceed without paying filing fees. She represented herself.
A previous order barred Frost from filing a new civil action in the court without first obtaining permission to file. Frost did not seek that permission before filing this case.
Chief Judge Colleen McMahon dismissed the action without prejudice because Frost did not follow the earlier order. The court also denied her permission to appeal without paying filing fees.
The detailed version
- Frost v. Fresh Direct · No. 1:20-cv-01154
- Colleen McMahon
- Feb. 12, 2020
Background
Yvonne Frost filed this civil action on February 7, 2020, and requested permission to proceed without paying filing fees. The opinion states that Frost was representing herself.
In an earlier related proceeding, the court had barred Frost from filing any new civil action in the Southern District of New York without first obtaining the court's permission to file. Frost did not request that permission before filing this action.
Ruling
The court dismissed this action without prejudice because Frost failed to comply with the earlier filing restriction. The opinion does not address the merits of Frost's claims against Fresh Direct or the other defendants. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.