Mallgren v. UNITED STATES
- Laura Swain
- 1:25-cv-05062
- U.S. District Court · Southern District of New York
- 1
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren did not obtain required filing permission.
Anthony Brian Mallgren’s newly filed civil action was dismissed without prejudice; the opinion does not describe the effect on the named defendants beyond the dismissal of the action.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action without paying the filing fee or submitting an application to proceed without paying it. The court therefore understood that he sought to proceed without paying the fee.
A 2016 order had barred Mallgren from filing future civil actions in that court without paying the fee or first obtaining the court’s permission. Mallgren did not seek that permission before filing this action.
Judge Laura Taylor Swain dismissed the action without prejudice for failing to follow the 2016 order. She also directed the Clerk of Court to enter judgment and denied permission to appeal without paying the appeal fee, certifying that an appeal would not be taken in good faith.
The detailed version
- Mallgren v. UNITED STATES · No. 1:25-cv-05062
- Laura Swain
- July 1, 2025
Background
Anthony Brian Mallgren filed a new civil action in the Southern District of New York without paying the filing fees and without filing an application to proceed without paying those fees. The court understood this to mean that Mallgren sought to proceed without paying the filing fee. The opinion identifies Mallgren as representing himself.
Prior Filing Restriction
The court stated that a May 4, 2016 order barred Mallgren from filing any future civil action in that court without paying the filing fees unless he first obtained the court’s permission to file. Mallgren did not seek that permission before filing this action.
Ruling
The court dismissed the action without prejudice because Mallgren failed to comply with the 2016 order. The opinion does not address the underlying claims or explain their factual or legal basis. The court also directed the Clerk of Court to enter judgment dismissing the action.
Appeal-Fee Determination
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the order would not be taken in good faith. It therefore denied Mallgren permission to appeal without paying the appeal fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.