Mallgren v. United States
- Laura Swain
- 1:25-cv-05261
- U.S. District Court · Southern District of New York
- 1
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren neither paid filing fees nor obtained permission to proceed without paying them.
Anthony Brian Mallgren’s newly filed civil action against the United States was dismissed without prejudice; the underlying claims were not decided.
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 opinion says he was representing himself.
A 2016 court order had barred Mallgren from filing future civil actions without paying fees unless he first obtained the court’s permission. Because he did not obtain that permission, the court dismissed this action without prejudice.
Judge Laura Taylor Swain also denied permission to proceed without paying fees for an appeal, finding that any appeal would not be taken in good faith. The court directed the clerk to enter judgment dismissing the action.
The detailed version
- Mallgren v. United States · No. 1:25-cv-05261
- Laura Swain
- Aug. 21, 2025
Background
Anthony Brian Mallgren filed a new civil action against the United States in the Southern District of New York. The opinion states that Mallgren was proceeding without a lawyer. He did not pay the filing fees or file an application to proceed without paying them. Because he had not paid the fees, the court understood that he sought to proceed without paying them.
The court had entered an order on May 4, 2016, barring Mallgren from filing any future civil action in that court without paying fees unless he first obtained permission from the court to file it.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Mallgren had not complied with the 2016 order. The opinion does not decide the underlying claims against the United States.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. It directed the clerk to enter judgment dismissing the action for the reason stated in the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.