Frost v. US Government

Background

The court had previously barred Yvonne Frost from filing any new civil action without paying the filing fee unless she first obtained permission from the court. After Frost continued filing what the court described as many frivolous actions, the court imposed additional requirements. Those requirements included submitting a motion for permission to file, a copy of the earlier order, the filing fee or an application to proceed without paying it, and a sworn statement addressing frivolousness, bad faith, improper purpose, and compliance with court rules and prior orders.

Frost filed a new complaint on July 21, 2020. The opinion states that she submitted the required materials except for a copy of the February 14, 2020 order. The court reviewed her permission motion, accompanying letter, and proposed complaint.

Court’s Analysis

The court concluded that the proposed action did not show a departure from Frost’s pattern of vexatious and nonmeritorious filings. It found that Frost alleged no facts suggesting that she had a plausible claim for relief and therefore had not shown good cause for permission to file the action.

Disposition

The court denied Frost’s application to proceed without paying the filing fee and denied her request for permission to file the new action. The earlier order barring her from filing new civil actions without first seeking court permission remained in effect. The court warned that continued frivolous filings could lead to additional sanctions, including further filing restrictions and monetary penalties.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion directs the Clerk of Court to mail the order to Frost and note service on the docket.