Frost v. NYC MTA

Background

On November 7, 2019, the court barred Yvonne Frost from filing any new action without paying the filing fee unless she first obtained the court’s permission. The court later imposed additional filing requirements after finding that Frost continued to submit numerous frivolous actions. For a new complaint, she was required to submit a motion for permission to file, a copy of the February 14, 2020 order, either the filing fee or an application to proceed without paying it, and a sworn statement addressing frivolousness, bad faith, improper purposes, and compliance with court rules and orders.

Four days after the additional restrictions were imposed, Frost filed the complaint in this case. The case was opened because she submitted the required documents. The opinion states that the proposed complaint again named the NYC Metropolitan Transportation Authority, the New York City Police Department, and the City of New York’s Human Resources Administration, among others. The court concluded that the proposed action did not depart from Frost’s pattern of vexatious and nonmeritorious filings and that she failed to allege facts suggesting a plausible claim for relief.

Ruling

The court denied Frost’s request for permission to file the action and denied her request to proceed without paying the filing fee. The clerk was directed to close the case. The earlier order barring Frost from filing a new action without first seeking permission remained in effect. The court warned that additional frivolous complaints could result in further filing restrictions and monetary penalties. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.