Frost v. Pence

Background

An earlier order barred Yvonne Frost from filing new civil actions without paying filing fees unless she first obtained the court’s permission. A later order added requirements for any new complaint, including a motion for permission to file, a copy of the filing-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 a new complaint on March 10, 2020, along with the required documents. After reviewing her request for permission to file, her declaration, and the proposed complaint, the court concluded that the action continued her pattern of vexatious and nonmeritorious filings. The court stated that Frost had not alleged facts suggesting 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 filing restriction remained in effect. The court warned that continued frivolous complaints could result in additional sanctions, including further filing restrictions and monetary penalties.

The court 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 an appeal. This order addressed Frost’s permission to file and fee status; it did not decide the underlying claims against the defendants.