Sivak v. Parea

Background

Lacey Sivak, an Idaho state prisoner who represented himself, filed the listed actions. In each action, the court previously denied Sivak's request to proceed without paying the filing fee under 28 U.S.C. § 1915(g). That statute generally prevents a prisoner with three or more prior qualifying dismissals from proceeding without paying the fee unless the prisoner alleges an immediate danger of serious physical injury. The court found that Sivak had three or more prior dismissals, had not alleged a specific immediate danger when he filed the actions, and did not meet the standard for proceeding without payment.

The court ordered Sivak to pay the full filing fee within 14 days or face dismissal without prejudice. Instead of paying, Sivak appealed some of the orders. The court explained that an interlocutory appeal—an appeal before the case is finished—does not transfer authority over the appealed issues until the court of appeals permits the appeal. The Ninth Circuit had not granted permission for these appeals, so the district court retained authority over the cases.

Rulings

Because the filing-fee deadline had passed without payment, the court dismissed each listed action without prejudice. The court stated 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 request to proceed without paying the filing fee on appeal under 28 U.S.C. § 1915(g), for the same reasons Sivak had been denied that status in the district court. The court said the Ninth Circuit would independently decide whether Sivak could proceed without paying the fee on appeal. The Clerk was ordered to terminate all other pending motions as moot and close the cases.