Mallgren v. United States
- Laura Swain
- 1:25-cv-02254
- U.S. District Court · Southern District of New York
- 1
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren did not obtain required filing permission or pay fees.
Anthony Brian Mallgren's newly filed civil action was dismissed without prejudice; the opinion also denied him permission to appeal without paying fees.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action without paying the filing fee or submitting an application to proceed without paying it. A 2016 order had required him to obtain permission before filing future civil actions without paying fees.
The court dismissed this action without prejudice because Mallgren did not obtain that required permission. The court also directed the Clerk of Court to enter judgment dismissing the action.
Chief Judge Laura Taylor Swain certified that an appeal would not be taken in good faith and denied Mallgren permission to appeal without paying fees.
The detailed version
- Mallgren v. United States · No. 1:25-cv-02254
- Laura Swain
- Mar. 28, 2025
Background
Anthony Brian Mallgren filed a new civil action against the United States of America and other defendants. The opinion states that a May 4, 2016 order barred 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. Mallgren filed this action without paying the fees and without submitting an application to proceed without paying them. Because he had not paid the fees, the court understood that he sought to proceed without paying.
Ruling
The court dismissed the action without prejudice because Mallgren had not obtained the permission required by the 2016 order. The opinion does not address the underlying claims. The court directed the Clerk of Court to enter a judgment dismissing the action for that reason.
Appeal-fee ruling
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.