Mallgren v. UNITED NATIONS
- Laura Swain
- 1:25-cv-02212
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. United Nations, Judge Swain dismissed Brian Mallgren’s action without prejudice because he filed without required court permission.
Brian Mallgren’s action was dismissed without prejudice because he did not obtain the required permission before filing without prepaying the filing fees. The court also denied him permission to appeal without paying the filing fee. The opinion does not decide the claims against the United Nations.
What happened
In Mallgren v. United Nations, Brian Mallgren filed a new civil action without paying the filing fee. The court treated this as a request to proceed without paying court fees because he did not pay the fee when filing.
A prior order barred Mallgren from filing future civil actions in this court without paying fees unless he first obtained the court’s permission. Mallgren did not seek that permission before filing this action.
Judge Laura Taylor Swain dismissed the action without prejudice for violating the prior filing restriction. She also denied Mallgren permission to appeal without paying the filing fee and directed the clerk to enter a civil judgment.
The detailed version
- Mallgren v. UNITED NATIONS · No. 1:25-cv-02212
- Laura Swain
- Mar. 18, 2025
Background
In an earlier related proceeding, the court barred Brian Mallgren from filing any future civil action in the Southern District of New York without paying filing fees unless he first obtained the court’s permission. The opinion says the court imposed that restriction because of Mallgren’s history of frivolous, vexatious, or otherwise nonmeritorious litigation in that court and other federal courts.
Mallgren filed this new civil action without prepaying the filing fees. The court therefore assumed he sought permission to proceed without paying those fees. He did not ask for the required permission before filing.
Ruling
The court dismissed the action without prejudice for failing to comply with the prior filing restriction. The opinion did not address the merits of Mallgren’s claims against the United Nations.
The court 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 the filing fee. It also directed the clerk to enter a civil judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.