Frost v. City of New York

Background

In an earlier related proceeding, the Court barred Yvonne Frost from filing new civil actions in the Southern District of New York without paying the filing fee or first obtaining permission from the Court. The Court later imposed additional requirements, including submitting a motion for permission to file, a copy of the relevant order, the filing fee or an application to proceed without fees, and a sworn statement that the proposed claims were not frivolous or brought for an improper purpose.

Frost filed a new complaint on July 2, 2020. The opinion states that she submitted the required materials except for a copy of the Court’s February 14, 2020 order. After reviewing her motion for permission to file, accompanying letter, and proposed complaint, the Court concluded that the new action continued her pattern of vexatious and nonmeritorious filings. The Court also 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.

Rulings

The Court denied Frost’s motion for permission to file the new civil action. It also denied her application to proceed without paying filing fees. The Clerk of Court was directed to close the action, and the earlier orders restricting Frost’s filings 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 under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for an appeal. The order did not decide the underlying merits of Frost’s proposed claims.