Mallgren v. United States
- Laura Swain
- 1:25-cv-05794
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren did not comply with an existing filing injunction.
Anthony Brian Mallgren’s action was dismissed without prejudice, and he remains subject to the existing filing injunction requiring court permission before filing a new civil action without paying filing fees.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action without paying the filing fees. The court therefore assumed he sought permission to proceed without paying those fees.
A 2016 order barred Mallgren from filing future civil actions in this court without first obtaining permission if he wanted to proceed without paying the fees. Mallgren did not request that permission before filing this action.
Judge Laura Taylor Swain dismissed the action without prejudice for failing to comply with the injunction. She also denied permission to appeal without paying the fees, certified that an appeal would not be taken in good faith, and directed the clerk to enter a civil judgment.
The detailed version
- Mallgren v. United States · No. 1:25-cv-05794
- Laura Swain
- July 17, 2025
Background
In a 2016 order, 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 earlier order was based on the court’s stated finding that Mallgren had a history of frivolous, vexatious, or otherwise nonmeritorious litigation in that court and other federal courts.
Mallgren filed this new civil action without paying the fees to initiate it and without asking the court for permission to file it under the existing injunction. The court therefore assumed that he sought to proceed without paying the fees.
Ruling
The court dismissed the action without prejudice for failure to comply with the filing injunction. The opinion did not decide the underlying merits of Mallgren’s claims. The injunction remains in effect.
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 paying the fees. It 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.