Frost v. CVR Associates Inc.
- Colleen McMahon
- 1:21-cv-00845
- U.S. District Court · Southern District of New York
- 2
In Frost v. CVR Associates Inc. and Frost v. The White House, Judge McMahon barred Frost from proceeding without paying fees in future civil actions in this court.
Yvonne Frost, who may not proceed without paying the required filing fee in future civil actions in the Southern District of New York and must comply with the court’s prior permission-to-file requirements.
What happened
Frost v. CVR Associates Inc. and Frost v. The White House involved two actions that the court had previously refused to let Frost file. The court had ordered Frost to explain why she should not be barred from proceeding without paying filing fees in future civil actions in that court.
Frost did not file a declaration or other response within the allowed time. The court therefore barred her from proceeding without paying the relevant filing fee whenever she brings a future civil action there. She must also follow previously imposed requirements for obtaining permission to file. The order closes the two actions.
Judge Colleen McMahon directed that the clerk should not open or docket a future action if Frost does not pay the required fee or follow those requirements. The court also stated that an appeal would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Frost v. CVR Associates Inc. · No. 1:21-cv-00845
- Colleen McMahon
- May 5, 2021
Background
The court said that, in an April 1, 2021 order, it had denied Frost permission to file the two actions. It also ordered Frost to explain within 30 days why she should not be permanently barred from proceeding without paying filing fees in any future civil action she brought in that court. The court warned that failing to respond or failing to show sufficient cause would result in such a bar.
Court’s ruling
Frost did not file a declaration or another submission responding to the April 1 order. The court therefore barred Frost from proceeding without paying the relevant filing fees in any future civil action she brings in that court. The court stated that the fees then totaled $402 for each civil action. Frost must also continue to comply with the previously imposed permission-to-file requirements from an earlier related case.
The court instructed the clerk not to open a new civil action or docket Frost’s submissions if she does not pay the required filing fee or comply with the earlier permission-to-file requirements. The clerk was not required to return such submissions and could instead discard or destroy them. The court stated that the order closes the two actions.
Appeal and disposition
Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied fee-free status for purposes of an appeal. The opinion does not state whether Frost was represented by counsel.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.