Frost v. NYC Parks

Background

The court had previously barred Yvonne Frost from filing new civil actions in the Southern District of New York without paying the filing fee unless she first obtained permission from the court. In a later order, the court imposed additional filing requirements, including a motion for permission to file, a copy of that order, the applicable fee or an application to proceed without paying fees, and a sworn statement addressing frivolousness, bad faith, improper purpose, and compliance with court rules and orders.

Frost filed a new complaint on August 5, 2020. The opinion states that she submitted the required materials except for a copy of the February 14, 2020 order. A review of court records showed that she had filed 25 new complaints since July 2, 2020.

Court’s Analysis

The court reviewed Frost’s submissions and concluded that the new action continued her pattern of vexatious and nonmeritorious filings. It found that Frost alleged no facts suggesting a plausible claim for relief and had not shown good cause for permission to file the action.

Disposition

Chief Judge Colleen McMahon denied Frost’s motion for permission to file the new civil action and denied her application to proceed without paying the filing fee. The court directed the Clerk of Court to close the action. The earlier orders restricting Frost’s ability to file new actions without first seeking permission remained in effect. The court warned that additional frivolous complaints could result in further filing restrictions and monetary penalties. It also certified that any appeal would not be taken in good faith and denied fee-free status for an appeal.