Frost v. C.I.A.
- Colleen McMahon
- 1:20-cv-05753
- U.S. District Court · Southern District of New York
- 3
In Frost v. C.I.A., Judge McMahon denied Frost’s requests to proceed without fees and to file a new action, and directed the clerk to close the case.
Yvonne Frost, whose request to file a new action and proceed without paying filing fees was denied and whose ability to file future civil actions in this court remains restricted.
What happened
In Frost v. C.I.A., Yvonne Frost filed a new complaint after the court had barred her from filing new civil actions without first obtaining permission. The court had imposed those restrictions because she continued filing numerous actions it considered frivolous.
Frost submitted nearly all documents required by the court’s filing restrictions, but she did not provide a copy of the relevant February 14, 2020 order. The court also found that her complaint did not allege facts suggesting a plausible claim for relief and that she had not shown good cause to file it.
Judge Colleen McMahon denied Frost’s request to proceed without paying filing fees and denied her motion for leave to file the new action. The clerk was directed to close the case, and the court warned that additional frivolous filings could lead to further filing restrictions and monetary penalties.
The detailed version
- Frost v. C.I.A. · No. 1:20-cv-05753
- Colleen McMahon
- July 24, 2020
Background
The court had previously barred Yvonne Frost from filing any new civil action in the Southern District of New York without paying filing fees unless she first obtained the court’s permission. After Frost continued filing what the court described as frivolous actions, the court imposed additional filing requirements. For a new complaint, she had to submit a motion for permission to file, a copy of the February 14, 2020 order, the required fees or an application to proceed without paying fees, and a statement under penalty of perjury addressing whether the claims were frivolous or brought in bad faith, for an improper purpose, or in violation of court rules.
The New Filing
Frost filed this complaint on July 21, 2020. The opinion states that she submitted all required materials except a copy of the February 14, 2020 order. A review of the court’s records showed that she had filed 18 new complaints since July 2, 2020, including six on July 21, 2020.
The court reviewed her submissions and concluded that the new action continued her pattern of filings that the court considered vexatious and without merit. The court found that Frost did not allege 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 leave to file the new civil action. The court directed the clerk to close the action. The existing orders restricting Frost’s ability to file new civil actions without first obtaining permission remained in effect.
The court warned that continued submission of frivolous complaints could result in additional sanctions, including further restrictions on filing new civil actions and monetary penalties. It also certified that any appeal from the order would not be taken in good faith and denied Frost permission to proceed without paying fees for an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.