Dorsey v. Warden Mark Miller
- Laura Swain
- 1:25-cv-07673
- U.S. District Court · Southern District of New York
- 2
In Dorsey v. Miller, Judge Swain denied IFP and dismissed without prejudice under the three-strikes rule because no imminent danger was shown.
Leroy J. Dorsey, whose request to proceed without paying the filing fee was denied and whose complaint was dismissed without prejudice; the defendants were not required to litigate the merits in this order.
What happened
In Leroy J. Dorsey v. Warden Mark Miller, et al., Dorsey, who is incarcerated and acting without a lawyer, filed a civil action and asked to proceed without paying the filing fee upfront. He alleged that his property was taken.
The court found that Dorsey had at least three earlier actions or appeals dismissed as frivolous. Under the three-strikes rule, a prisoner with three such dismissals generally cannot proceed without paying the filing fee unless the complaint shows an imminent danger of serious physical injury. The court found no such danger here.
Judge Laura Taylor Swain denied Dorsey’s request to proceed without paying the fee and dismissed the complaint without prejudice under the three-strikes rule. The court also denied fee-waiver status for an appeal after certifying that an appeal would not be taken in good faith.
The detailed version
- Dorsey v. Warden Mark Miller · No. 1:25-cv-07673
- Laura Swain
- Sept. 19, 2025
Background
Leroy J. Dorsey, who was incarcerated at Green Haven Correctional Facility, brought the action without a lawyer. He asked to proceed in forma pauperis (IFP), meaning without paying court fees upfront. The opinion states that he alleged his property was taken.
Three-strikes rule
The court applied 28 U.S.C. § 1915(g), commonly called the “three-strikes” rule. It bars a prisoner from bringing a new civil action without paying the filing fee if the prisoner previously had at least three actions or appeals dismissed because they were frivolous, malicious, or failed to state a legally sufficient claim. An exception applies when the prisoner is in imminent danger of serious physical injury.
The court found that Dorsey had at least three earlier prisoner appeals dismissed as frivolous. It also found that his complaint did not show an imminent danger of serious physical injury. The complaint therefore could not proceed without payment of the filing fee under Section 1915(g).
Ruling
Judge Laura Taylor Swain denied Dorsey’s request to proceed IFP. The court dismissed the complaint without prejudice under 28 U.S.C. § 1915(g). The opinion states that Dorsey may start a new action by paying the filing fee; that action would then be reviewed under the prisoner-screening statute, 28 U.S.C. § 1915A.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.