Mallgren v. United States
- Laura Swain
- 1:25-cv-04388
- 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 by not seeking leave.
The ruling directly affected Anthony Brian Mallgren’s newly filed civil action. The United States was the named defendant, but the court did not address the merits of the claims.
What happened
Mallgren v. United States involved a new civil action filed by Anthony Brian Mallgren in the Southern District of New York. A prior order barred him from filing future civil actions without first obtaining the court’s permission to proceed without paying filing fees.
Mallgren did not pay the fees for this action and did not ask for permission to file it. The court therefore treated the case as an attempt to proceed without paying fees and found that he had not complied with the earlier order.
Judge Laura Taylor Swain dismissed the action without prejudice. She also ruled that any appeal would not be taken in good faith, denied permission to proceed without paying fees for an appeal, and directed the Clerk of Court to enter a civil judgment.
The detailed version
- Mallgren v. United States · No. 1:25-cv-04388
- Laura Swain
- May 27, 2025
Background
In an earlier related proceeding, 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 court had imposed that filing injunction because of Mallgren’s history of litigation that it described as frivolous, vexatious, or otherwise lacking merit in that court and other federal courts.
Mallgren filed this new civil action without asking for permission to file it. He also did not pay the fees required to start the action. Based on the absence of a fee payment, the court assumed that he sought to proceed without paying fees.
Ruling
The court dismissed the action without prejudice because Mallgren failed to comply with the earlier filing injunction. The court did not address the merits of the claims against the United States.
Appeal and judgment
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The court 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.