Mallgren v. United States
- Laura Swain
- 1:25-cv-04280
- 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 prior filing injunction.
Anthony Brian Mallgren, whose action in the Southern District of New York was dismissed without prejudice and whose permission to proceed without paying fees on appeal was denied; the prior filing injunction governing his future filings in that court remains relevant.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action in the Southern District of New York without paying the filing fees. A 2016 order had barred him from filing future civil actions in that court without first obtaining permission to proceed without paying fees or permission to file.
Because Mallgren did not request or obtain that permission, the court dismissed the action for violating the earlier order. The court did not address the underlying claims.
Chief Judge Laura Taylor Swain dismissed the action without prejudice. She also ruled that any appeal would not qualify for permission to proceed without paying fees and directed the Clerk to enter a civil judgment.
The detailed version
- Mallgren v. United States · No. 1:25-cv-04280
- Laura Swain
- May 22, 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 first obtaining the court's permission to proceed without paying filing fees. That 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 submitted this new civil action without asking for permission to file it or permission to proceed without paying the filing fees. Because he did not pay the fees, the court assumed that he sought to proceed without paying them. The court dismissed the action for failing to comply with the earlier filing injunction. The opinion does not address the merits of the claims in this action.
Disposition
The court dismissed the action without prejudice. The order states that it does not prevent Mallgren from bringing an action in Washington, D.C., where he indicated that he currently resides. The court also 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 fees for purposes of an appeal. The Clerk of Court was directed to enter a civil judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.