Mallgren v. Internal Revenue Service
- Laura Swain
- 1:25-cv-02435
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. Internal Revenue Service, Judge Swain dismissed the action without prejudice because Mallgren failed to comply with a filing injunction.
Mallgren’s action was dismissed without prejudice, his existing filing injunction remains in effect, and he was denied permission to proceed without paying fees on appeal.
What happened
In Mallgren v. Internal Revenue Service, Mallgren filed a new civil action without paying the filing fee. The court treated this as a request to proceed without paying fees because he did not pay the fee.
A prior order barred Mallgren from filing future civil actions in this court without first obtaining permission to proceed without paying fees and separately required permission to file a new action. Mallgren did not obtain that permission, so the court dismissed this action without prejudice for failing to comply with the filing injunction.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The court directed the clerk to enter a civil judgment, and the filing injunction remains in effect.
The detailed version
- Mallgren v. Internal Revenue Service · No. 1:25-cv-02435
- Laura Swain
- Mar. 25, 2025
Background
In a prior related proceeding, the court barred Mallgren from filing any future civil action in the Southern District of New York without first obtaining the court’s permission to proceed without paying filing fees. The prior order imposed that filing injunction because of Mallgren’s history of litigation that the court described as frivolous, vexatious, or otherwise lacking merit in this court and other federal courts.
Mallgren filed this new civil action without seeking permission to proceed without paying filing fees and without requesting permission to file the action. Because he did not pay 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 filing injunction. “Without prejudice” means the dismissal itself does not bar a new filing, although Mallgren remains subject to the injunction requiring permission before filing a new civil action without paying filing fees.
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 proceed without paying fees for purposes of an appeal. It directed the clerk to enter a civil judgment. The order did not decide the underlying claims against the Internal Revenue Service.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.