Mallgren v. United States
- Laura Swain
- 1:25-cv-04267
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren lacked leave required by a prior filing injunction.
Anthony Brian Mallgren’s action was dismissed without prejudice because he did not obtain the permission required by an earlier filing injunction. The United States was the named defendant.
What happened
Mallgren v. United States involved a filing restriction from an earlier related proceeding. The court had barred Mallgren from filing future civil actions in that court without paying filing fees or first obtaining permission to proceed without them. Mallgren filed this action without paying the fees or requesting permission.
The court treated the unpaid fees as an attempt to proceed without them and found that Mallgren had not obtained the required permission. It dismissed the action without prejudice for violating the earlier filing restriction and did not decide Mallgren’s request to transfer the case.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith, denied permission to proceed without paying fees for an appeal, and directed the Clerk to enter a civil judgment.
The detailed version
- Mallgren v. United States · No. 1:25-cv-04267
- Laura Swain
- May 22, 2025
Background
In an earlier related proceeding, the court barred Mallgren from filing any future civil action in the Southern District of New York without paying the filing fees or first obtaining the court’s permission to proceed without paying them. The earlier court imposed that filing injunction because of Mallgren’s history of litigation that it characterized as frivolous, vexatious, or otherwise lacking merit.
Current Filing
Mallgren submitted this new civil action without paying the fees to initiate it and without seeking permission to proceed without paying them. The court therefore treated the filing as an attempt to proceed without paying the fees. Mallgren also stated that he had relocated to Washington, D.C. and requested a transfer, but the court did not address that request because it dismissed the action.
Ruling
The court dismissed the action without prejudice because Mallgren failed to comply with the earlier injunction requiring him to obtain permission before filing a new civil action without paying the fees. 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 fees for purposes of an appeal. It 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.