Burns v. Thandi, 1:25-cv-05356

George Burns, a prisoner in Westchester County Jail, filed a pro se civil rights complaint against a Yonkers police officer alleging constitutional violations related to his May 14, 2023 arrest and subsequent prosecution.
Burns requested to proceed in forma pauperis (IFP), meaning without paying court fees due to his indigency.
Burns has previously been found to have at least three prior federal actions dismissed for being frivolous or failing to state a claim, triggering the Prison Litigation Reform Act (PLRA) “three-strikes” rule under 28 U.S.C. § 1915(g).
The PLRA restricts prisoners with three or more such dismissals from filing new federal civil actions IFP unless they show they are under imminent danger of serious physical injury.
The court examined Burns's complaint and found no allegation of an imminent danger existing at the time of filing.
As a result, the court reviewed and dismissed the complaint under 28 U.S.C. § 1915(g) and denied IFP status.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Application of PLRA "three-strikes" bar	Burns should be allowed to proceed IFP	Plaintiff is barred from IFP under PLRA § 1915(g)	Burns is barred from IFP; complaint dismissed
Imminent danger exception to PLRA bar	Implied claim of danger	No imminent danger alleged	No imminent danger; exception does not apply
Right to file new action after dismissal	Burns may refile	Must pay full fees to file	May file only by paying relevant fees
IFP status for appeals	Should be available	Should be denied under law	IFP denied for any appeal; appeal not in good faith

Coppedge v. United States, 369 U.S. 438 (Supreme Court decision on the standard for appeal in forma pauperis)