Frost v. City of New York
- Colleen McMahon
- 1:20-cv-01249
- U.S. District Court · Southern District of New York
- 1
In Frost v. City of New York (HRA), Judge McMahon dismissed Yvonne Frost’s new action without prejudice because she had not obtained required filing permission.
Yvonne Frost’s action was dismissed without prejudice, and her request to proceed without paying filing fees for an appeal was denied.
What happened
In Frost v. City of New York (HRA), Yvonne Frost filed a new case without a lawyer and sought permission to proceed without paying filing fees upfront. A November 2019 order had barred her from filing any new case without first obtaining the court’s permission.
Frost had not asked for that permission before filing this case. The court therefore dismissed the action without prejudice for failing to comply with the earlier order.
Chief Judge Colleen McMahon also said any appeal would not be taken in good faith and denied Frost permission to proceed without paying fees for an appeal.
The detailed version
- Frost v. City of New York · No. 1:20-cv-01249
- Colleen McMahon
- Feb. 13, 2020
Background
Yvonne Frost filed this new case without a lawyer and sought to proceed without paying filing fees upfront. The court stated that, in a November 7, 2019 order in a prior related proceeding, it had barred Frost from filing any new action under that fee-waiver procedure unless she first obtained the court’s permission.
Ruling
Because Frost had not sought permission before filing this action, the court dismissed the action without prejudice under 28 U.S.C. § 1651 for failure to comply with the November 7, 2019 order. The court did not reach the substance of Frost’s claims against the City of New York (HRA), the United States SD Court, St. Peter’s Lutheran Church, or Broadway Community Lunch Program.
Appeal and Effect
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The Clerk of Court was directed to send Frost a copy of the order and record service on the docket. Chief Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.