Frost v. CVR Associates Inc
- Colleen McMahon
- 1:20-cv-01136
- U.S. District Court · Southern District of New York
- 1
In Frost v. CVR Associates, Judge McMahon dismissed the pro se plaintiff’s new case without prejudice for filing without required court permission.
Yvonne Frost and the defendants named in this action, including CVR Associates Inc.; the action was dismissed without prejudice, and fee-free status was denied for any appeal.
What happened
In Frost v. CVR Associates Inc., Yvonne Frost filed a new case without a lawyer and sought to proceed without prepaying filing fees. An earlier order had barred her from filing any new fee-free case unless she first obtained the court’s permission.
The court said Frost had not requested that permission before filing this action. It therefore dismissed the action without prejudice for failing to comply with the earlier order.
Judge Colleen McMahon directed the clerk to send Frost the order and record service on the docket. The court also said an appeal would not be taken in good faith and denied fee-free status for any appeal.
The detailed version
- Frost v. CVR Associates Inc · No. 1:20-cv-01136
- Colleen McMahon
- Feb. 13, 2020
Background
Yvonne Frost filed this new case without a lawyer and sought to proceed without prepaying filing fees. The opinion states that, in a prior related proceeding on November 7, 2019, the court barred Frost from filing any new fee-free action unless she first obtained permission from the court.
Ruling
The court stated that Frost had not sought permission before filing this action. Under 28 U.S.C. § 1651, it dismissed the action without prejudice for failing to comply with the November 7, 2019 order. The opinion does not address the merits of Frost’s claims against CVR Associates Inc. or the other defendants.
Other Directions
The clerk was directed to send Frost a copy of the order and note service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied Frost fee-free status for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.