Frost v. World Trade Center

Background

Earlier orders barred Yvonne Frost from filing new actions without first obtaining the court’s permission to file, including when seeking to proceed without paying filing fees. The court later required any new complaint to include a motion for permission, a copy of the filing-restriction order, either the filing fees or an application to proceed without paying them, and a sworn statement addressing frivolousness, improper purpose, and compliance with court rules.

Frost filed this complaint on February 26, 2020, against the World Trade Center, among others. Because she submitted the required documents, the case was opened and assigned a civil case number.

Court’s Analysis

After reviewing Frost’s request for permission, her accompanying declaration, and the proposed complaint, the court concluded that the action did not depart from what it described as her pattern of vexatious and nonmeritorious filings. The court stated that Frost failed to plead facts suggesting a plausible claim for relief and therefore failed to show 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 of Court to close the case and left the existing restriction on filing new actions without court permission in effect. The court warned that further frivolous complaints could result in additional filing restrictions and monetary penalties.

Judge Colleen McMahon also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.