Miller v. United States District Court for the Southern District of New York

Background

Lisa Miller’s filing originated in the Northern District of Texas under the title “Whistleblower Report.” The Northern District of Texas construed the submission as a complaint, although it noted that it was unclear whom Miller intended to sue. It listed Miller as the plaintiff and the United States District Court for the Southern District of New York as the defendant.

The Northern District of Texas determined that venue—the proper federal district for the case—was in the Southern District of New York because Miller’s filing concerned a decision originating there. It transferred the action, and the Southern District of New York Clerk’s Office opened the transferred matter as a new civil action.

Miller’s Request

On September 11, 2025, Miller sent the court a letter stating that she had never filed the case, named a defendant, or initiated litigation in the matter. She stated that the true filer of an earlier Rule 27 preservation motion was Goma KC, and that Miller’s name appeared only because she had authored whistleblower reports attached to that filing. Miller described the docket as fraudulent and retaliatory and stated that she would not participate further.

Court’s Ruling

The court construed Miller’s letter as a request to withdraw the action. It granted the request and voluntarily dismissed Miller’s submission under Federal Rule of Civil Procedure 41(a). The opinion’s footnote states that a voluntary dismissal under Rule 41(a) is without prejudice, subject to the rule’s exception for a prior dismissal involving the same claim.

The court directed the Clerk’s Office to terminate any motions in the action and close the case. 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 appeal without paying filing fees. Judge Laura Taylor Swain issued the order.