Frost v. Johnson

Background

Yvonne Frost had previously been barred from filing new civil actions in the Southern District of New York without first obtaining permission from the court if she sought to proceed without paying filing fees. After Frost continued filing what the court described as frivolous civil actions, the court imposed additional requirements for any new complaint. Those requirements included a motion for permission to file, a copy of the prior restriction order, the required fees or an application to proceed without paying them, and a sworn statement addressing frivolousness, bad faith, improper purposes, and compliance with court rules and orders.

Frost filed a new complaint on March 6, 2020, along with the required documents. The court opened the matter and assigned it a civil case number, then reviewed her motion for permission to file, declaration, and proposed complaint.

Court’s Analysis

The court concluded that the new action did not represent a departure from Frost’s pattern of vexatious and nonmeritorious filings. It found that Frost alleged no facts suggesting that she had a plausible claim for relief and had not shown good cause for being allowed to file the action.

Ruling

The court denied Frost’s request for permission to file the new civil action and denied her request to proceed without paying filing fees. It directed the Clerk of Court to close the action and stated that the earlier order restricting Frost from filing new civil actions without first seeking permission remained in effect. The court warned that continued frivolous complaints could result in additional sanctions, including further 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.