Mallgren v. United States
- Laura Swain
- 1:25-cv-04454
- 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's new civil action against the United States and John Does was dismissed without prejudice; the court did not reach the underlying claims.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action without paying the filing fees or obtaining permission to proceed without paying them. A 2016 court order had barred him from filing future civil actions in this court without first getting permission.
Mallgren also did not ask the court for permission to file this new action. Because he did not pay the fees, the court assumed he was seeking permission to proceed without paying them. The court dismissed the action for violating the earlier filing restriction, without deciding the claims against the United States or John Does.
Judge Laura Taylor Swain dismissed the action without prejudice and directed the clerk to enter a civil judgment. She also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees.
The detailed version
- Mallgren v. United States · No. 1:25-cv-04454
- Laura Swain
- May 28, 2025
Background
In a prior related proceeding, the court barred Anthony Brian Mallgren from filing future civil actions 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 court issued that filing injunction because of Mallgren's history of litigation that the court described as frivolous, vexatious, or otherwise lacking merit in this court and other federal courts.
New Filing
Mallgren filed this new civil action against the United States and John Does. He did not pay the fees required to start the action, so the court assumed he sought permission to proceed without paying them. He also did not obtain permission from the court to file the action, as the earlier injunction required.
Ruling
The court dismissed the action without prejudice because Mallgren failed to comply with the earlier filing injunction. The court did not decide the underlying claims. It also 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 the required fees. 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.