Mallgren v. New York City
- Laura Swain
- 1:24-cv-10067
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. New York City, Judge Swain ordered payment of the filing fee or submission of an application to proceed without prepaying it.
Anthony Brian Mallgren must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed.
What happened
In Mallgren v. New York City, Anthony Brian Mallgren, proceeding without a lawyer, filed an action he called a petition for a writ of habeas corpus. He did not pay the $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Mallgren 30 days to pay the fee or submit a signed application. No response from New York City was required yet. If Mallgren complies, the case will be processed; if he does not, the action will be dismissed.
Judge Laura Taylor Swain also stated that no certificate allowing an appeal would issue and denied permission to proceed without prepaying fees for an appeal. The order did not decide the petition’s underlying claims.
The detailed version
- Mallgren v. New York City · No. 1:24-cv-10067
- Laura Swain
- Feb. 5, 2025
Background
Anthony Brian Mallgren, who is proceeding without a lawyer, filed an action that he describes as a petition for a writ of habeas corpus. The opinion states that he submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court ordered Mallgren, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit a signed IFP application. If the court grants the application, Mallgren may proceed without prepaying fees. The court stated that no response from New York City was required at that time. If Mallgren does not comply within the allowed period, the action will be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain stated that the petition, at that stage, made no substantial showing that a constitutional right had been denied, so a certificate allowing an appeal would not issue. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order addressed filing requirements and appeal-related matters; it did not decide the underlying petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.