Mallgren v. United States
- Laura Swain
- 1:25-cv-04238
- 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 an earlier filing injunction.
Anthony Brian Mallgren, whose action was dismissed without prejudice and who remains subject to the earlier filing injunction.
What happened
In Mallgren v. United States, Anthony Brian Mallgren sued the United States and New York City. The court had previously barred him from filing new civil actions without paying filing fees or first obtaining permission to proceed without paying them, unless he obtained the court’s permission to file.
Mallgren filed this new action without paying the filing fee and without asking for permission to file. The court therefore treated the case as one seeking permission to proceed without paying the fee and found that he had not followed the earlier order.
Judge Laura Taylor Swain dismissed the action without prejudice, said Mallgren remains subject to the filing injunction, denied permission to appeal without paying the appeal fee, and directed the clerk to enter a civil judgment.
The detailed version
- Mallgren v. United States · No. 1:25-cv-04238
- Laura Swain
- May 22, 2025
Background
Anthony Brian Mallgren brought this civil action against the United States and New York City. In an earlier related proceeding, the court barred Mallgren from filing future civil actions in the Southern District of New York without first obtaining the court’s permission to file them without paying the filing fee. The earlier filing injunction was based on his history of litigation that the court described as frivolous, vexatious, or otherwise lacking merit in that court and other federal courts.
Reason for Dismissal
Mallgren filed this action without asking for permission to proceed without paying the filing fee and without requesting permission to file the action. Because he did not pay the fees required to initiate the case, the court assumed he was seeking to proceed without paying them. The court dismissed the action because he did not comply with the earlier filing injunction.
Ruling
The court dismissed the action without prejudice for failure to comply with the filing injunction. The order states that Mallgren remains subject to that injunction. Under 28 U.S.C. § 1915(a)(3), the court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the appeal fee. The court directed the clerk to enter a civil judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.