Sivak v. Friedland

Background

Lacey Sivak, identified 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 generally 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 the required prior dismissals and had not alleged such danger.

The court directed Sivak to pay the full filing fee in each case within fourteen days or risk dismissal without prejudice. Sivak did not pay the fees and instead appealed. The court explained that a notice of an interlocutory appeal does not transfer jurisdiction over the appealed issues until the court of appeals permits the appeal. Because the Ninth Circuit had not granted permission, the district court retained jurisdiction.

Rulings

The court held that the deadlines for paying the filing fees had passed and dismissed each of the seven actions without prejudice. The order states that Sivak may move to reopen any case after paying the full filing fee, and that a separate full filing fee is required for each case 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 states that the Ninth Circuit will 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.