Frost v. Court of Appeals

Background

An earlier order barred Yvonne Frost from filing a new civil action in the Southern District of New York without paying the filing fee unless she first obtained the court's permission. Because she continued to file what the court described as numerous frivolous civil actions, a later order imposed additional filing requirements. For a new complaint, she had to submit a motion for permission to file, a copy of the later order, the required fees or an application to proceed without paying fees, and a sworn statement addressing whether the claims were frivolous, brought in bad faith, brought for an improper purpose, and compliant with court rules and prior orders.

On July 9, 2020, Frost filed the complaint in this action and an application to proceed without paying fees. The opinion states that she did not submit the required documents.

Court’s Analysis

The court concluded that the action did not depart from Frost's pattern of vexatious and nonmeritorious filings. It also found that she asserted no facts suggesting a plausible claim for relief. Because she did not show good cause for being allowed to file the action, the court denied her permission to file it.

Disposition

The court denied Frost's application to proceed without paying filing fees, stated that the existing filing restrictions remained in effect, and directed the Clerk of Court to close the action. The court warned that continued frivolous filings could lead to additional sanctions, including further restrictions on filing new civil actions and monetary penalties. Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.

This was a procedural order concerning permission to file, filing-fee status, and filing restrictions; the court did not adjudicate the underlying claims on their merits.