Mallgren v. United States
- Laura Swain
- 1:25-cv-06464
- U.S. District Court · Southern District of New York
- 1
Judge Swain dismissed Mallgren v. United States without prejudice because Mallgren lacked required permission to proceed without paying fees.
Anthony Brian Mallgren, whose civil action was dismissed without prejudice for failing to obtain the permission required by the court’s 2016 filing restriction.
What happened
In Mallgren v. United States, Anthony Brian Mallgren filed a new civil action without paying the filing fees or submitting an application to proceed without paying them. He filed the case without a lawyer.
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 had not paid the fees, the court understood that he was seeking to proceed without paying them, but he had not requested the required permission.
Judge Laura Taylor Swain dismissed the action without prejudice because Mallgren did not comply with the 2016 order. The court directed the Clerk of Court to enter judgment and denied permission to proceed without paying fees on appeal after finding that an appeal would not be taken in good faith.
The detailed version
- Mallgren v. United States · No. 1:25-cv-06464
- Laura Swain
- Aug. 21, 2025
Background
Anthony Brian Mallgren filed this civil action without a lawyer. He did not pay the filing fees and did not submit an application to proceed without paying them. The court therefore understood that he sought to proceed without paying the fees.
Prior Filing Restriction
The court stated that a May 4, 2016, order barred Mallgren from filing any future civil action in the Southern District of New York without paying the fees unless he first obtained permission from the court. 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. It directed the Clerk of Court to enter a judgment dismissing the action for that reason.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.