Mallgren v. United States

Background

Anthony Brian Mallgren filed this civil action without prepaying the filing fees. The court therefore assumed that he sought permission to proceed without paying those fees. In a 2016 order in a prior related proceeding, the court had barred Mallgren from filing future civil actions without paying the filing fee unless he first obtained leave, or permission, from the court. The opinion states that the earlier filing injunction was based on Mallgren’s history of frivolous, vexatious, or otherwise nonmeritorious litigation in this court and other federal courts.

Ruling

The court found that Mallgren had not obtained the required permission before filing this action. It dismissed the action without prejudice for failure to comply with the earlier injunction. “Without prejudice” means the dismissal itself does not bar a new filing, although the stated filing restriction remains relevant.

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 the filing fee for an appeal. It directed the clerk to enter a civil judgment. Chief Judge Laura Taylor Swain signed the order.