Frost v. NYPD
- Colleen McMahon
- 1:20-cv-01310
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Chief Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without first obtaining required permission.
Yvonne Frost’s newly filed civil action was dismissed without prejudice; the opinion does not describe the underlying claims.
What happened
Frost v. NYPD concerned Yvonne Frost’s new civil case, which she filed without a lawyer and with a request to proceed without paying filing fees. A November 2019 order had barred her from filing new civil cases in that court without first obtaining permission.
Frost had not requested that permission before filing this case. The opinion does not describe the underlying claims against the NYPD or the other defendants.
The court dismissed the case without prejudice for violating the earlier order. Chief Judge Colleen McMahon also ruled that any appeal would not be in good faith and denied permission to appeal without paying fees.
The detailed version
- Frost v. NYPD · No. 1:20-cv-01310
- Colleen McMahon
- Feb. 18, 2020
Background
On November 7, 2019, the court had barred Yvonne 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 then filed this new civil action against NYPD and other defendants without a lawyer, requested permission to proceed without paying filing fees, and did not seek the permission required by the earlier order.
The opinion does not state what claims Frost asserted or provide additional facts about the dispute.
Ruling
The court dismissed this action without prejudice because Frost failed to comply with the November 7, 2019 order. A dismissal without prejudice does not itself bar refiling, although the opinion does not specify what steps would be required for any future filing.
The clerk was directed to note service on the docket. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.