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S.D.N.Y.Procedural orderFiled Mar. 6, 2020

Frost v. United States Congress

Judge
Colleen McMahon
Docket
1:20-cv-01553
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Frost v. United States Congress, Judge McMahon denied Yvonne Frost permission to file and fee-free status, and closed the action.

Who this affects

Yvonne Frost was denied permission to file the new action and permission to proceed without paying filing fees. The court’s existing restrictions on her future filings remained in effect, and the case was closed.

What happened

In Frost v. United States Congress, Yvonne Frost filed a new complaint against the United States Congress and Donald Trump after earlier court orders restricted her ability to file new cases without permission.

The court reviewed Frost’s request to file, her declaration, and her proposed complaint. It concluded that she had not shown a plausible claim for relief or good reason to be allowed to bring the action.

Judge Colleen McMahon denied Frost’s request to proceed without paying filing fees and denied her request for permission to file the action. The clerk was directed to close the case, and the existing filing restrictions remained in effect.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Frost v. United States Congress · No. 1:20-cv-01553
Judge
Colleen McMahon
Date
Mar. 6, 2020

Background

The court stated that, in prior related proceedings, Yvonne Frost had been barred from filing new actions without paying the filing fee or first obtaining the court’s permission. The court later imposed additional filing requirements, including a motion for permission to file, a copy of the restriction order, the filing fee or an application to proceed without paying it, and a sworn statement that the claims were not frivolous or brought for an improper purpose.

Frost filed this new complaint several days after the additional restrictions were imposed. Because she submitted the required documents, the case was opened and assigned a civil case number. The court then reviewed her permission request, accompanying declaration, and proposed complaint.

Court’s Analysis

The court concluded that the proposed action continued Frost’s pattern of vexatious and nonmeritorious filings. It found that Frost had not asserted facts suggesting a plausible claim for relief and had not shown good cause for permission to file the action.

Ruling

The court denied Frost’s request for permission to file the new action and denied her request to proceed without paying filing fees. It directed the clerk to close the action. The court stated that the existing bar on filing new actions without first seeking permission remained in effect and warned that further frivolous complaints could lead to additional filing restrictions and monetary penalties. It also certified that any appeal would not be taken in good faith and denied fee-free status for an appeal.

Classification

This is a procedural order because the court resolved the case through filing-permission and fee-status restrictions without deciding the underlying claims against the defendants.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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