Frost v. World Trade Center

Background

Earlier orders barred Yvonne Frost from filing new civil actions in this court without first obtaining permission when she sought to proceed without paying filing fees. The court later required her to submit additional materials with any new complaint, including a permission-to-file motion, the prior order, the filing fee or an application to proceed without paying fees, and a sworn statement addressing the claims’ merit, purpose, and compliance with court rules.

Frost filed the new complaint on March 12, 2020, along with the required materials. After reviewing her permission-to-file motion, declaration, and proposed complaint, the court concluded that the proposed action did not depart from her pattern of frivolous and nonmeritorious filings.

Ruling

The court held that Frost had not shown good cause for permission to file the action and had not alleged facts suggesting a plausible claim for relief. It denied her request to proceed without paying filing fees and denied her request for permission to file the new civil action. The Clerk was directed to close the case.

The court left the earlier restriction on filing new civil actions without permission in effect. It warned that continued frivolous filings could result in additional sanctions, including further filing restrictions and monetary penalties. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.

Classification

This is a procedural order because the court denied permission to file based on filing restrictions and the failure to show good cause, rather than deciding the merits of the proposed claims.