Frost v. City of New York
- Colleen McMahon
- 1:20-cv-00930
- U.S. District Court · Southern District of New York
- 1
Judge McMahon dismissed Frost v. City of New York (HRA) without permanently barring refiling because Frost lacked required permission to file without prepaying fees.
Yvonne Frost’s new case was dismissed, and she was denied permission to appeal without prepaying the filing fee. The order did not reach the underlying claims against the defendants.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case without a lawyer and asked to proceed without prepaying filing fees.
The court said a prior order barred Frost from filing any new action without first getting the court’s permission. Because she had not requested that permission, the court dismissed this case while allowing refiling.
Judge Colleen McMahon also ruled that an appeal would not be pursued in good faith and denied Frost permission to appeal without prepaying fees.
The detailed version
- Frost v. City of New York · No. 1:20-cv-00930
- Colleen McMahon
- Feb. 13, 2020
Background
Yvonne Frost filed this new case without a lawyer and sought permission to proceed without prepaying the filing fee. The opinion states that, in a prior order dated November 7, 2019, the court barred Frost from filing any new action without first obtaining permission from the court.
Ruling
Because Frost had not asked for permission before filing this action, the court dismissed the case without prejudice under 28 U.S.C. § 1651. That disposition did not permanently bar refiling. The court’s order did not decide the underlying claims against the City of New York (HRA) or the other defendants.
Appeal
Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The court therefore denied Frost permission to appeal without prepaying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.