Frost v. US Attorney General

Background

The court had previously barred Yvonne Frost from filing new civil actions in the Southern District of New York without first obtaining permission to proceed without paying filing fees. In a later order, the court imposed additional pre-filing requirements, including a motion for permission to file, a copy of the relevant 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.

Frost filed this new complaint on July 21, 2020. The opinion states that she submitted most of the required documents but did not attach a copy of the earlier bar order. A footnote states that she submitted six new complaints that day and more than a dozen complaints in July 2020.

Court’s Analysis

The court concluded that the new action continued Frost’s pattern of filings that it considered vexatious and without merit. Frost alleged that Donald Trump and the White House were responsible for “orchestrating others” to keep her “away from [her] house and son.” The court found that she did not plead facts suggesting a plausible claim for relief and did not show good cause for permission to file the action.

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 and stated that the existing orders restricting Frost’s ability to file new civil actions without court permission remained in effect. The court warned that continued frivolous filings could lead to additional filing restrictions and monetary penalties. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.