Sivak v. Thompson

Background

Lacey Sivak, described by the court as an Idaho state prisoner and frequent litigant, filed the listed actions without a lawyer. In each action, he sought permission to proceed without paying the filing fee. The court denied those requests under 28 U.S.C. § 1915(g), which limits a prisoner's ability to proceed without prepaying fees after three or more prior qualifying dismissals unless the prisoner alleges a specific imminent danger of serious physical injury. The court found that Sivak had prior dismissals and had not alleged the required imminent danger.

The court ordered Sivak to pay the full filing fee within 14 days in each case or face dismissal without prejudice. Sivak did not pay. He appealed some of the orders denying fee-free status. 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 to appeal, the district court concluded that it retained authority over these actions.

Rulings

The court dismissed each listed action without prejudice. It stated that Sivak may move to reopen any action after paying that action's full filing fee, and that a separate full fee is required for each case he wants 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 had denied Sivak fee-free status in the district court. The court noted that the Ninth Circuit would independently decide whether to grant fee-free status for an appeal. Finally, the Clerk was directed to terminate as moot all other pending motions in each case and close all of the listed cases.