Mallgren v. United Nations

Background

In a 2016 order, the court barred 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 Mallgren’s history of litigation that the court described as frivolous, vexatious, or otherwise lacking merit in that court and other federal courts.

Mallgren filed this new action against the United Nations and other defendants without paying the filing fee. The court therefore assumed that he sought to proceed without paying the fee. He did not ask for permission to file the action as required by the 2016 injunction.

Ruling

The court dismissed the action without prejudice because Mallgren failed to comply with the earlier filing injunction. The court stated that Mallgren remains subject to that injunction. It also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The clerk was directed to enter a civil judgment.

Effect of the Order

The opinion says the dismissal was without prejudice, and it does not state that the court decided the underlying claims against the United Nations or the other defendants. The filing injunction remains in effect.