Mallgren v. John Doe Pro Se Court Clerks

Background

Brian Mallgren filed this civil action without paying the fees required to initiate it and without asking for permission to proceed without paying those fees. The court assumed that he sought to proceed under the fee-waiver process, commonly called proceeding in forma pauperis.

In an earlier related proceeding, No. 14-CV-1420 (S.D.N.Y.), the court had barred Mallgren from filing any future civil action in that court without first obtaining the court’s permission if he sought to proceed without paying fees. The earlier order was based on the court’s stated finding that Mallgren had a history of frivolous, vexatious, or otherwise nonmeritorious litigation in that court and other federal courts.

Reason for Dismissal

The court concluded that Mallgren had not complied with the earlier filing injunction because he did not obtain permission before filing this action. The order did not address the underlying claims or decide their merits.

Ruling

The court dismissed the action without prejudice for failure to comply with the filing injunction issued in the earlier related proceeding. The injunction remains in effect. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. It directed the Clerk of Court to enter a civil judgment.