Mallgren v. United States
- Laura Swain
- 1:25-cv-07349
- U.S. District Court · Southern District of New York
- 2
Judge Swain dismissed Mallgren v. United States without prejudice because Mallgren filed without required permission after an earlier filing restriction.
Anthony Brian Mallgren's case was dismissed without prejudice; the order also denied him permission to appeal without paying the filing fee.
What happened
In Anthony Brian Mallgren v. United States; New York State, Mallgren filed a new civil case without a lawyer and asked to proceed without paying the filing fee. An earlier court order required him to get permission before filing future cases without paying that fee.
Mallgren had not requested that permission before filing this case. The court therefore dismissed the action without prejudice for violating the earlier order.
Judge Laura Taylor Swain directed the clerk to enter judgment and denied Mallgren permission to appeal without paying the fee, finding that an appeal would not be taken in good faith.
The detailed version
- Mallgren v. United States · No. 1:25-cv-07349
- Laura Swain
- Sept. 22, 2025
Background
In an order dated May 4, 2016, the court barred Anthony Brian Mallgren from filing any future civil action in the Southern District of New York without paying the filing fee unless he first obtained the court's permission. In this case, Mallgren filed a new civil action without a lawyer and sought to proceed without paying the filing fee. He did not first seek the required permission.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. § 1651 because Mallgren failed to comply with the May 4, 2016 order. The opinion does not address the underlying claims against the United States or New York State.
Additional Order
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Mallgren permission to appeal without paying the filing fee. It directed the clerk to enter a judgment dismissing the action and to mail the order and judgment to Mallgren at his address of record and at the additional address listed in the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.