Mallgren v. The Jewish Board
- Laura Swain
- 1:25-cv-02476
- U.S. District Court · Southern District of New York
- 1
In Mallgren v. The Jewish Board, Judge Swain dismissed the action without prejudice because Mallgren did not obtain required permission to proceed without paying filing fees.
Anthony Brian Mallgren's action against The Jewish Board and the other defendants was dismissed without prejudice; the court also denied fee-free status for any appeal.
What happened
Mallgren v. The Jewish Board involved a new civil action filed by Anthony Brian Mallgren without paying the filing fee or submitting an application to proceed without paying it. The court understood that he sought to proceed without paying the fee, but an earlier order required him to obtain permission before filing future such actions in this court.
Because Mallgren had not obtained that permission, the court dismissed the action without prejudice for violating the earlier order. The court also directed the clerk to enter judgment dismissing the action and denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
Judge Laura Taylor Swain issued the dismissal on April 7, 2025. The ruling did not address the underlying claims against The Jewish Board or the other defendants.
The detailed version
- Mallgren v. The Jewish Board · No. 1:25-cv-02476
- Laura Swain
- Apr. 7, 2025
Background
Anthony Brian Mallgren filed this civil action without paying the filing fees and without submitting an application to proceed without paying those fees. The opinion states that Mallgren filed the action without a lawyer. Because he had not paid the fees, the court understood that he was seeking permission to proceed without paying them.
An earlier order dated May 4, 2016, barred Mallgren from filing future civil actions in the Southern District of New York without paying fees unless he first obtained permission from the court.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Mallgren had not obtained the permission required by the earlier order. The opinion does not address the merits of his claims against The Jewish Board or the other defendants.
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 proceed without paying appellate fees. It also directed the clerk to enter judgment dismissing the action for the reason stated in the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.