Frost v. Reinhart Food Service

Background

The court had previously barred Yvonne Frost from filing new civil actions in that court without paying filing fees unless she first obtained permission. The court later imposed additional requirements, including submitting a motion for permission to file, a copy of the relevant order, the required fees or an application to proceed without paying fees, and a sworn statement addressing the claims’ lack of frivolousness or bad faith and compliance with court rules.

On July 9, 2020, Frost filed a new complaint, an application to proceed without paying filing fees, and an application for permission to file. The opinion states that she did not submit all documents required by the earlier restrictions. The court further concluded that the action continued her pattern of frivolous and nonmeritorious filings and that she alleged no facts suggesting a plausible claim for relief.

Rulings

The court denied Frost permission to file the action because she had not shown good cause for being allowed to proceed. It also denied her application to proceed without paying filing fees. The earlier orders barring her from filing new civil actions without first obtaining the court’s permission remained in effect, and the clerk was directed to close the action.

Warnings and Appeal

Chief Judge Colleen McMahon warned that continued submission of frivolous complaints could result in additional sanctions, including further restrictions on filing new civil actions and monetary penalties. The court 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.

Why It Matters

This was a procedural order enforcing filing restrictions and deciding whether Frost could file this new action and proceed without paying fees. The court did not decide the underlying claims against the defendants.