Mallgren v. United States
- Laura Swain
- 1:25-cv-04268
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren did not obtain required permission to proceed without fees.
Anthony Brian Mallgren’s action was dismissed without prejudice, and he remains required to obtain court permission before filing a new civil action without paying filing fees. Permission to appeal without paying fees was also denied.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action without paying the filing fees. A 2016 court order had barred him from filing future civil actions without fees unless he first obtained the court’s permission.
Mallgren did not ask for permission to file this action or to proceed without paying fees. Because he did not pay the fees, the court assumed he sought to proceed without fees, which brought the earlier filing injunction into effect.
Judge Laura Taylor Swain dismissed the action without prejudice for violating the earlier injunction. Mallgren remains subject to that injunction, and the court also denied him permission to appeal without paying fees and directed the Clerk to enter a civil judgment.
The detailed version
- Mallgren v. United States · No. 1:25-cv-04268
- Laura Swain
- May 23, 2025
Background
In a 2016 order, the court barred Anthony Brian 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. 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
Mallgren filed this new civil action without paying the fees required to initiate it. He also did not ask for permission to proceed without paying fees or for permission to file the action under the earlier injunction. The court therefore assumed that he sought to proceed without fees and concluded that he had not complied with the filing injunction.
Ruling
Judge Laura Taylor Swain dismissed the action without prejudice for failure to comply with the earlier injunction. The injunction remains in effect. The court certified under 28 U.S.C. § 1915(a)(3) that any 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.