Frost v. N.Y.P.D.
- Colleen McMahon
- 1:20-cv-01316
- U.S. District Court · Southern District of New York
- 2
In Frost v. N.Y.P.D., Judge McMahon dismissed Yvonne Frost’s new lawsuit without prejudice because she filed it without required court permission.
Yvonne Frost; the action was dismissed without prejudice, and the court denied fee-waiver status for an appeal.
What happened
In Frost v. N.Y.P.D., Yvonne Frost filed a new civil action on February 14, 2020, while representing herself, and asked to proceed without paying the filing fee. A previous court order had barred her from filing new civil actions in that court without first obtaining permission.
The court dismissed the action without prejudice because Frost had not requested the required permission. The court also stated that an appeal would not qualify for a filing-fee waiver.
Judge Colleen McMahon ordered the dismissal and directed the Clerk of Court to record service of the order.
The detailed version
- Frost v. N.Y.P.D. · No. 1:20-cv-01316
- Colleen McMahon
- Feb. 18, 2020
Background
Yvonne Frost filed this pro se civil action on February 14, 2020, and requested permission to proceed without paying the filing fee. The court had previously ordered that Frost could not file any new civil action in the Southern District of New York without first obtaining leave, or permission, from the court. The opinion states that Frost had not obtained that permission before filing this action.
Ruling
Under 28 U.S.C. § 1651, the court dismissed the action without prejudice for failure to comply with the earlier filing restriction. “Without prejudice” means the dismissal itself does not bar a later filing, although any applicable filing restriction remains relevant. 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 an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Effect
The order ended this action, but the opinion does not describe the underlying claims. Judge Colleen McMahon’s ruling was based on Frost’s failure to obtain the permission required by the earlier order, not on the merits of those claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.