Frost v. US Congress

Background

The court had previously barred Yvonne Frost from filing any new civil action without paying the filing fee or first obtaining permission from the court to proceed without paying it. The court later imposed additional filing requirements, including a motion for permission to file, a copy of the February 14, 2020 order, the filing fee or an application to proceed without paying it, and a declaration under penalty of perjury addressing the claims and compliance with court rules. The opinion states that Frost did not submit a copy of the February 14 order.

Frost filed a new complaint on July 21, 2020. The case was opened because she submitted the required documents identified by the court, but the court then reviewed her motion for permission to file, accompanying declaration, and proposed complaint.

Court’s analysis

The court concluded that the proposed action continued Frost’s pattern of “vexatious and nonmeritorious filings.” It found that she had not asserted facts suggesting a plausible claim for relief and had not shown good cause for permission to file the new action. The opinion therefore did not decide the underlying legal merits of Frost’s claims against the defendants.

Ruling

Judge Colleen McMahon denied Frost’s request to proceed without paying filing fees and denied her request for leave to file the new civil action. The Clerk of Court was directed to close the action. The earlier order barring Frost from filing new civil actions without first seeking permission remained in effect.

The court warned that continued frivolous complaints could result in additional sanctions, including further 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 filing fees for an appeal.