Frost v. N.Y.P.D.
- Colleen McMahon
- 1:20-cv-05374
- U.S. District Court · Southern District of New York
- 2
In Frost v. N.Y.P.D., Judge McMahon denied Yvonne Frost’s requests to proceed without paying filing fees and to file the action, and ordered the case closed.
Yvonne Frost was denied permission to proceed without paying filing fees and denied permission to file this action. The case was closed, existing filing restrictions remained in effect, and the court warned her that further frivolous filings could result in additional sanctions.
What happened
In Frost v. N.Y.P.D., Yvonne Frost filed a new complaint after earlier orders restricted her ability to file civil actions without paying fees or first obtaining permission. She submitted most of the documents required by those orders but did not include a copy of one earlier order.
The court reviewed Frost’s proposed complaint, motion for permission to file, and accompanying letter. It found that she had not shown a plausible claim for relief or good cause to file the action, and concluded that the filing continued her pattern of frivolous and nonmeritorious lawsuits.
Judge Colleen McMahon denied Frost’s application to proceed without paying filing fees and her motion for permission to file the action. The court directed the Clerk to close the case, kept the existing filing restrictions in effect, warned of possible additional sanctions, and denied fee-free status for any appeal.
The detailed version
- Frost v. N.Y.P.D. · No. 1:20-cv-05374
- Colleen McMahon
- July 15, 2020
Background
Earlier orders barred Yvonne Frost from filing new civil actions in the Southern District of New York without first obtaining permission from the court to proceed without paying filing fees. The court later imposed additional filing requirements, including submission of a permission motion, a copy of the February 14, 2020 order, the required fees or an application to proceed without paying them, and a sworn statement addressing frivolousness, bad faith, improper purpose, and compliance with court rules.
On July 7, 2020, Frost filed a new complaint. The opinion states that she submitted the required materials except for a copy of the February 14, 2020 order.
Court’s Analysis
After reviewing Frost’s motion for permission to file, accompanying letter, and proposed complaint, the court concluded that the proposed action continued her pattern of vexatious and nonmeritorious filings. The court stated that Frost did not allege facts suggesting a plausible claim for relief and had not shown good cause for permission to file the action.
The order therefore addressed whether Frost could file this new action under the existing filing restrictions; it did not adjudicate the underlying claims on their merits.
Ruling
Judge Colleen McMahon denied Frost’s application to proceed without paying filing fees and denied her motion for permission to file the new civil action. The court directed the Clerk of Court to close the action. The existing orders restricting Frost’s ability to file new civil actions without first obtaining permission remained in effect.
The court warned that continued submission of frivolous complaints could lead to additional sanctions, including further filing restrictions and monetary penalties. It also certified that any appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.