Frost v. United States Court of Appeals

Background

An earlier order barred Yvonne Frost from filing new civil actions without paying the filing fee unless she first obtained the court’s permission. A later order imposed additional filing requirements, including a motion for permission, supporting materials, and a sworn statement addressing whether the claims were frivolous, brought in bad faith, or filed for an improper purpose.

Frost filed this new complaint on July 21, 2020. The court opened the case after she submitted the required documents, although the opinion notes that she did not submit a copy of the later filing-restriction order. The court then reviewed her motion for permission to file, declaration, and proposed complaint.

Ruling

The court concluded that the proposed action continued Frost’s pattern of vexatious and nonmeritorious filings. It found that she had not alleged facts suggesting a plausible claim for relief and had not shown good cause for permission to file the new action.

The court denied Frost’s request for permission to file the action and denied her request to proceed without paying filing fees. It directed the Clerk of Court to close the action. The earlier restriction on filing new civil actions without first seeking permission remained in effect.

Additional consequences

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 under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for an appeal.