Mallgren v. United States
- Laura Swain
- 1:25-cv-01852
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren failed to comply with a prior filing injunction.
Anthony Brian Mallgren's action was dismissed without prejudice, and he remains subject to the prior filing injunction requiring court permission before filing a new civil action without paying filing fees. The court also denied him permission to appeal without paying those fees.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action without paying the fees to start it. The court therefore assumed he wanted to proceed without paying those fees.
A 2016 order barred Mallgren from filing future civil actions in that court without first obtaining permission if he wanted to proceed without paying fees. Mallgren did not request that permission before filing this action.
Chief Judge Laura Taylor Swain dismissed the action without prejudice for violating the filing injunction. Mallgren remains subject to the injunction, and the court denied permission to appeal without paying fees because it found any appeal would not be taken in good faith.
The detailed version
- Mallgren v. United States · No. 1:25-cv-01852
- Laura Swain
- Mar. 21, 2025
Background
In a 2016 order in an earlier related proceeding, the court barred Anthony Brian Mallgren from filing any future civil action in the Southern District of New York without first obtaining the court's permission if he sought to proceed without paying filing fees. The opinion says the court imposed that filing injunction because of Mallgren's history of frivolous, vexatious, or otherwise nonmeritorious litigation in that court and other federal courts.
Mallgren filed this new action without paying the fees to initiate it. He also did not ask the court for permission to file the action. The court therefore assumed that he sought to proceed without paying filing fees.
Ruling
The court dismissed the action without prejudice for failure to comply with the prior filing injunction. The opinion does not address the merits of Mallgren's claims against the United States of America, Donald John Trump, or Elon Reeve Musk. Mallgren remains subject to the filing injunction.
The court 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 filing fees. The court also directed the Clerk of Court to enter a civil judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.