Sivak v. Bennett

Background

Lacey Sivak, an Idaho state prisoner, filed the listed actions without a lawyer. The court had denied Sivak’s requests to proceed without paying filing fees under 28 U.S.C. § 1915(g). That provision prevents 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 shown such a danger and directed him to pay the full filing fee within 14 days in each case.

Appeals and jurisdiction

Sivak appealed some of the orders instead of paying the filing fees. The court explained that an interlocutory appeal generally transfers authority over the appealed issues to the court of appeals, but a notice of appeal from an interlocutory order is not treated as filed until the court of appeals permits the appeal. Because the Ninth Circuit had not granted permission, the district court retained authority over these actions. The deadlines for paying the filing fees had passed.

Rulings

The court dismissed each listed action without prejudice. The order states that, after paying the full filing fee, Sivak may file a motion to reopen any case he wishes to pursue, and that a separate full filing fee is required for each case.

The court also denied any pending motion for permission to proceed without paying the filing fee on appeal under § 1915(g), for the same reasons it had denied Sivak’s requests in the district court. The Ninth Circuit may independently review any request to proceed without paying fees on appeal. The clerk was ordered to terminate as moot all other pending motions and close the listed cases.

Nature of the decision

The order did not decide the underlying claims. It dismissed the actions after Sivak failed to pay the required filing fees and resolved related filing-fee and case-management issues.