Frost v. NYPD
- Colleen McMahon
- 1:20-cv-01372
- U.S. District Court · Southern District of New York
- 1
In Frost v. NYPD, Judge McMahon dismissed Yvonne Frost’s case without prejudice because she filed without first obtaining required court permission.
Yvonne Frost’s action was dismissed without prejudice, and she was denied permission to appeal without paying the filing fee. The NYPD and the other defendants were not required to litigate the underlying claims in this action.
What happened
Frost v. NYPD concerned Yvonne Frost’s new case against the NYPD and other defendants. She sought to proceed without paying the filing fee.
An earlier court order barred Frost from filing any new action without first obtaining the court’s permission. Because she had not requested that permission before filing this case, the court dismissed the action without prejudice.
Chief Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied Frost permission to appeal without paying the filing fee.
The detailed version
- Frost v. NYPD · No. 1:20-cv-01372
- Colleen McMahon
- Mar. 2, 2020
Background
Yvonne Frost filed this action against the NYPD and other defendants while seeking to proceed without paying the filing fee. The opinion states that, in a prior related proceeding, the court had barred Frost from filing any new action without first obtaining leave, or permission, from the court.
Reason for dismissal
The court found that Frost had not sought the required permission before filing this action. Under 28 U.S.C. § 1651, it therefore dismissed the action without prejudice for failure to comply with the earlier order. The opinion did not decide the underlying claims against the defendants.
Appeal ruling
Chief Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The court therefore denied Frost permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.