Sivak v. Perea

Background

Lacey Sivak, an Idaho state prisoner who represented himself, filed the above-captioned actions. In each case, the court denied his request to proceed without paying the filing fee under 28 U.S.C. § 1915(g). That statute generally bars a prisoner from proceeding without paying after three or more prior qualifying dismissals, unless the prisoner alleges that he faces imminent danger of serious physical injury. The court found that Sivak had three or more prior dismissals, had not alleged specific imminent danger when he filed the actions, and did not meet the standard for proceeding without paying the fees.

The court directed Sivak to pay the full filing fee in each case within 14 days or risk dismissal without prejudice. Sivak did not pay the fees and instead appealed some of the orders. The court explained that an interlocutory appeal ordinarily 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.

Ruling

The payment deadlines had passed. The court therefore dismissed without prejudice each action. Sivak may file a motion to reopen any action after paying its full filing fee, but a separate full fee is required for each case he wants to reopen and pursue. The court also denied any pending motion to proceed without paying the filing fee on appeal under 28 U.S.C. § 1915(g), terminated all other pending motions as moot, and closed the cases.