Sivak v. Perea

Background

Lacey Sivak, an Idaho state prisoner representing himself, filed the listed actions against Zahida Perea. In each action, the court denied Sivak’s request to proceed without paying the filing fee under 28 U.S.C. § 1915(g). That provision generally bars a prisoner from proceeding without prepaying filing fees after three or more prior qualifying dismissals, unless the prisoner alleges an immediate danger of serious physical injury. The court found that Sivak had at least three such prior dismissals, had not alleged a specific immediate danger of serious physical injury when he filed the actions, and did not meet the requirements for the statutory exception.

Appeals and filing-fee deadline

The court directed Sivak to pay the full filing fee in each action within 14 days or face dismissal without prejudice. Sivak appealed some of the orders instead of paying the fees. The court explained that an interlocutory appeal—an appeal before the case is finally resolved—does not take effect until the court of appeals permits the appeal. Because the Ninth Circuit had not granted permission for these appeals, the district court retained jurisdiction. The deadline for paying the filing fees passed.

Ruling

Judge Araceli Martinez-Olguin ordered that each listed action be dismissed without prejudice. The order allows Sivak to move to reopen any action after paying its full filing fee, with a separate full fee required for each action he seeks to reopen and pursue. The order also denied any pending request to proceed without paying the filing fee on appeal under 28 U.S.C. § 1915(g), terminated all other pending motions as moot, and directed the Clerk to close the listed cases.

Practical effect of the order

The dismissal was without prejudice, so the order states that Sivak may seek to reopen an action after paying the required full filing fee. The court did not decide the underlying claims against Perea.