Sivak v. Perea

Background

Lacey Sivak, an Idaho state prisoner who represented himself, filed the multiple actions identified by the case numbers in the order. 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 prevents a prisoner from proceeding without payment after three or more prior qualifying dismissals, unless the prisoner alleges that he faced imminent danger of serious physical injury when the action was filed.

The court found that Sivak had at least three prior dismissals and had not alleged a specific imminent danger meeting the statutory standard. The court ordered him to pay the full filing fee within fourteen days or risk dismissal without prejudice.

Appeals and jurisdiction

Sivak appealed some of the orders denying his requests to proceed without paying the fees. The court explained that an interlocutory appeal—an appeal before the case is finished—does not become effective until the court of appeals permits it. Because the Ninth Circuit had not granted permission for these appeals, the district court concluded that it retained jurisdiction over the actions.

Ruling

The deadline for paying the filing fees had passed, and Sivak had not paid them. The court therefore dismissed each action without prejudice. It stated that Sivak could move to reopen any action after paying that action’s full filing fee, and that a separate full filing fee would be required for each case he wanted to reopen and pursue.

The order also denied any pending motion for permission to proceed without paying the filing fee on appeal under § 1915(g), for the same reasons Sivak’s requests had been denied in the district court. The order stated that the Ninth Circuit would independently decide whether Sivak could proceed without paying the appellate fee. The clerk was directed to terminate all other pending motions in each case as moot and close the cases.