Mallgren v. New York State

Background

In a prior related proceeding, No. 14-CV-1420 (S.D.N.Y.), the court barred Anthony Brian Mallgren from filing future civil actions in the Southern District of New York without paying filing fees unless he first obtained the court’s permission. The court imposed that filing injunction because of Mallgren’s history of litigation that it described as frivolous, vexatious, or otherwise lacking merit in that court and other federal courts.

This Action

Mallgren filed this action against New York State, Maria DiBiase, and the New York State Department of Education. He did not pay the fees required to initiate the action, did not seek permission to proceed without paying those fees, and did not request permission to file the action under the prior injunction. Because he had not paid the filing fees, the court assumed that he sought to proceed without paying them.

Ruling

The court dismissed the action without prejudice for failure to comply with the prior filing injunction. The dismissal was based on the filing-injunction violation; the opinion did not decide the underlying claims against the defendants. The injunction remains in effect.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. It directed the Clerk of Court to enter a civil judgment.