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 paying fees after three or more qualifying prior dismissals, unless the prisoner alleges an immediate danger of serious physical injury. The court found that Sivak had at least three prior dismissals, had not alleged a specific immediate danger at the time he filed, and did not meet the standard for proceeding without paying the fees.

The court directed Sivak to pay the full filing fee within 14 days or risk 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 finally resolved—does not take effect until the court of appeals permits it. Because the Ninth Circuit had not granted permission for these appeals, the district court retained jurisdiction. The deadlines for paying the filing fees had passed.

Ruling

The court dismissed each listed action without prejudice. The opinion states that Sivak may pay the full filing fee and then move to reopen any action he wishes to pursue, but a separate full filing fee is required for each action. The court also denied any pending motion to proceed without paying the filing fee on appeal under 28 U.S.C. § 1915(g) for the same reasons. The clerk was directed to terminate all other pending motions as moot and close the cases.