Frost v. Help U.S.A
- Colleen McMahon
- 1:20-cv-01061
- U.S. District Court · Southern District of New York
- 1
In Frost v. Help USA, Chief Judge McMahon dismissed Yvonne Frost’s action without prejudice because she did not obtain required filing permission.
Yvonne Frost’s case was dismissed without prejudice, and she was denied permission to proceed without paying filing fees on appeal. The opinion also reflects an earlier restriction requiring her to obtain permission before filing new civil actions without paying filing fees.
What happened
In Frost v. Help USA, Yvonne Frost filed a new civil case without a lawyer and asked to proceed without paying filing fees.
A prior court order barred Frost from filing any new civil action in that court without paying filing fees unless she first obtained permission. Frost did not seek 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 filing fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Frost v. Help U.S.A · No. 1:20-cv-01061
- Colleen McMahon
- Feb. 14, 2020
Background
Yvonne Frost filed this civil action without a lawyer and requested permission to proceed without paying filing fees. The opinion states that, on November 7, 2019, the court had barred Frost from filing any new civil action in the Southern District of New York without paying filing fees unless she first obtained permission to file. Frost had not sought that permission before filing this action.
Ruling
The court dismissed this action without prejudice under 28 U.S.C. § 1651 because Frost failed to comply with the earlier order. The court directed the Clerk of Court to note service on the docket. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Frost permission to proceed without paying filing fees for an appeal. Judge Colleen McMahon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.