Mallgren v. United States
- Laura Swain
- 1:25-cv-04260
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren violated a filing injunction.
Anthony Brian Mallgren; his new civil action was dismissed without prejudice, and he remains subject to the filing injunction requiring court permission before filing a new civil action without paying filing fees.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action without paying the required filing fees or asking for permission to proceed without paying them. The court therefore assumed he sought to proceed without paying the fees.
A prior order barred Mallgren from filing future civil actions in this court without first obtaining permission if he wanted to proceed without paying the fees. The prior order was based on his history of frivolous, vexatious, or otherwise meritless litigation, according to the opinion. Mallgren did not ask for permission to file this new action.
Judge Laura Taylor Swain dismissed the action without prejudice for violating the prior injunction. The court also ruled that any appeal would not be taken in good faith, denied permission to appeal without paying fees, directed the Clerk to enter a civil judgment, and stated that the filing injunction remains in effect.
The detailed version
- Mallgren v. United States · No. 1:25-cv-04260
- Laura Swain
- May 21, 2025
Background
In a prior related proceeding, No. 14-CV-1420, the court barred Anthony Brian Mallgren from filing future civil actions in the Southern District of New York without first obtaining the court's permission to proceed without paying filing fees. The opinion states that the court imposed that filing injunction because of Mallgren's history of frivolous, vexatious, or otherwise nonmeritorious litigation in that court and other federal courts.
Reason for Dismissal
Mallgren submitted this new civil action without asking for permission to file it. He also did not pay the fees required to initiate the action. The court therefore assumed that he sought to proceed without paying filing fees. Because he had not obtained the permission required by the earlier injunction, the court dismissed the action under 28 U.S.C. § 1651.
Ruling and Effect
The court dismissed the action without prejudice for failure to comply with the filing injunction. The opinion does not address the underlying claims in the new action. Mallgren remains subject to the injunction requiring him to obtain permission before filing a new civil action without paying filing fees.
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 appeal without paying fees. It also directed the Clerk of Court to enter a civil judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.