Frost v. N.Y.P.D.
- Colleen McMahon
- 1:20-cv-01226
- U.S. District Court · Southern District of New York
- 1
In Frost v. N.Y.P.D., Judge McMahon dismissed Yvonne Frost’s case without prejudice because she sought to proceed without paying the filing fee without required court permission.
Yvonne Frost’s action against N.Y.P.D. and Bill De Blasio was dismissed without prejudice; Frost was also denied permission to proceed without paying the filing fee for an appeal.
What happened
In Frost v. N.Y.P.D., Yvonne Frost filed a new case without a lawyer and asked to proceed without paying the filing fee.
A previous court order barred Frost from filing any new case without paying the filing fee unless she first obtained the court’s permission. She did not obtain that permission before filing this case.
Chief Judge Colleen McMahon dismissed the case without prejudice for violating the earlier order. The court also denied Frost permission to proceed without paying the filing fee on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Frost v. N.Y.P.D. · No. 1:20-cv-01226
- Colleen McMahon
- Feb. 13, 2020
Background
Yvonne Frost filed this case against N.Y.P.D. and Bill De Blasio. She was representing herself and requested permission to proceed without paying the filing fee. In a November 7, 2019 order, the court had barred Frost from filing any new case without paying the filing fee unless she first obtained permission from the court. Frost did not request that permission before filing this action.
Ruling
The court dismissed the action without prejudice because Frost failed to comply with the November 7, 2019 order. The opinion does not decide the underlying claims against the defendants.
Appeal-Filing Status
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore 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.