Mallgren v. Swain
- Louis Stanton
- 1:25-cv-03820
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. Swain, Judge Stanton dismissed the action without prejudice because Mallgren lacked required leave to proceed without paying fees.
Anthony Brian Mallgren's civil action was dismissed without prejudice, and permission to appeal without prepaying the filing fee was denied.
What happened
In Mallgren v. Swain, Anthony Brian Mallgren filed a new civil action without paying the filing fee, which indicated that he sought permission to proceed without paying it. A prior order had required him to obtain court permission before filing another action this way.
Mallgren had not obtained that permission. The court therefore dismissed the action without prejudice for failing to follow the earlier filing restriction.
Judge Louis L. Stanton also denied permission to appeal without paying the filing fee, finding that any appeal would not be taken in good faith. The Clerk was directed to enter a civil judgment.
The detailed version
- Mallgren v. Swain · No. 1:25-cv-03820
- Louis Stanton
- June 30, 2025
Background
A prior related proceeding resulted in an order barring Anthony Brian Mallgren from filing future civil actions in this court without paying the filing fee unless he first obtained permission from the court. The order was based on Mallgren's history of bringing actions the court considered frivolous or vexatious.
Mallgren submitted this new civil action without prepaying the filing fee. The court stated that this indicated he sought to proceed without paying the fee, but he had not obtained the required permission.
Ruling
The court dismissed the action without prejudice because Mallgren failed to comply with the earlier order requiring permission to file a new action without prepaying the filing fee. 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 appeal without prepaying the filing fee. The Clerk 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.