Sivak v. Thompson

Background

Lacey Sivak, identified as an Idaho state prisoner and frequent litigant, filed the listed actions without a lawyer. In each case, he asked 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 paying fees after three or more qualifying prior dismissals unless the prisoner alleges specific imminent danger of serious physical injury. The court found that Sivak had not made that showing and did not qualify to proceed without paying the fees.

The court ordered Sivak to pay the full filing fee in each case within fourteen days or risk dismissal without prejudice. Instead of paying, he appealed some of the orders. The court explained that an interlocutory appeal—an appeal before the case is finally resolved—does not transfer jurisdiction until the court of appeals permits the appeal. The Ninth Circuit had not granted permission, so the district court retained jurisdiction.

Rulings

Because the deadlines to pay the filing fees had passed, Judge Araceli Martinez-Olguin dismissed each listed action without prejudice. The order states that Sivak may file a motion 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 permission to proceed without paying fees on appeal under 28 U.S.C. § 1915(g), for the same reasons the district court had denied that status. 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 as moot all other pending motions in each case and close all of the cases.