Sivak v. Friedland

Background

Lacey Sivak, identified in the order as an Idaho state prisoner and frequent litigant, filed the seven actions while representing himself. In each case, the court denied his request to proceed without paying the filing fee under 28 U.S.C. § 1915(g). That provision bars a prisoner from proceeding without paying fees after three or more qualifying prior dismissals unless the prisoner alleges a specific imminent danger of serious physical injury. The court found that Sivak had not met that exception.

The court ordered Sivak to pay the full filing fee within 14 days or face dismissal without prejudice. Instead of paying, Sivak filed notices of appeal. The court explained that an interlocutory appeal generally transfers authority over the appealed issues to the appeals court, but such an appeal is not treated as filed until the appeals court permits it. Because the Ninth Circuit had not granted permission, the district court retained authority over these actions.

Rulings

The payment deadline passed. The court therefore dismissed each of the seven actions without prejudice. The order states that Sivak may move to reopen any action after paying that action’s full filing fee; a separate full fee is required for each action he seeks to reopen and pursue.

The court also denied any pending motion for permission to proceed without paying fees on appeal under § 1915(g), for the same reasons it denied that status in the district court. The order explains that the Ninth Circuit would independently review any request to proceed without paying fees on appeal. The clerk was directed to terminate all other pending motions as moot and close the cases. Judge Araceli Martinez-Olguin signed the order.