Sivak v. Thompson

Background

Lacey Sivak, an Idaho state prisoner and frequent litigant, filed the 12 listed actions without a lawyer. In each case, the court denied his request to proceed in forma pauperis, meaning to proceed without paying the filing fee. The court relied on 28 U.S.C. § 1915(g), which generally bars a prisoner with three or more qualifying prior dismissals from proceeding without paying unless the prisoner alleges a specific imminent danger of serious physical injury.

The court found that Sivak had three or more prior dismissals and had not alleged the required imminent danger when he filed the actions. It directed him to pay the full filing fee within 14 days or face dismissal without prejudice.

Jurisdiction and Appeals

Sivak did not pay the filing fees by the deadline. Instead, he appealed some of the orders. The court explained that filing a notice of an interlocutory appeal generally transfers authority over the appealed issues to the court of appeals. But, under the rule discussed in the order, an interlocutory appeal is not treated as filed until the court of appeals permits it. The Ninth Circuit had not granted permission, so the district court retained authority over these actions.

Rulings

The court dismissed each of the 12 actions without prejudice. The order states that Sivak may move to reopen any action after paying its full filing fee, and that a separate full fee is required for each action he wants to reopen and pursue.

The court also denied any pending motion for leave to proceed without paying fees on appeal under § 1915(g), for the same reasons it denied that status in the district court. The order states that the Ninth Circuit would independently review the record if Sivak sought that status there and would decide whether to grant it. Finally, the clerk was directed to terminate all other pending motions as moot and close the cases.