Mallgren v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTHONY BRIAN MALLGREN, Plaintiff, 25-CV-2656 (LTS) -against- ORDER OF DISMISSAL UNITED STATES; NEW YORK STATE, UNDER 28 U.S.C. § 1651 Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 4, 2016, the court barred Plaintiff from filing any future civil action in this court in forma pauperis (“IFP”) without first obtaining leave to file. Mallgren v. United States, ECF 1:14-CV-1420, 6 (S.D.N.Y. May 4, 2016). The court issued that prefiling injunction because of Plaintiff’s history of frivolous, vexatious, or otherwise nonmeritorious litigation in this court and in other federal courts. See Mallgren, ECF 1:14-CV-1420, 5 (S.D.N.Y. Nov. 24, 2015) (order recounting Plaintiff’s litigation history and directing Plaintiff to show cause why the court should not impose the abovementioned filing injunction).

Plaintiff submits this new civil action without prepayment of the filing fees, and the Court thus assumes that he seeks to proceed IFP. Because Plaintiff did not obtain leave of court to file this new action IFP, the Court dismisses this action for failure to comply with the bar order issued in Mallgren, No. 14-CV-1420.

CONCLUSION The Court dismisses the action without prejudice for failure to comply with the injunction set forth in Mallgren v. United States, ECF 1:14-CV-1420, 6 (S.D.N.Y. May 4, 2016), requiring Plaintiff to obtain leave of court to file a new civil action IFP.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

The Court directs the Clerk of Court to enter a civil judgment in this case.

SO ORDERED.

Dated: April 1, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge