Sivak v. Perea

Background

Lacey Sivak, identified as an Idaho state prisoner and a frequent litigant, filed the cases listed in the caption while representing himself. In each case, he asked to proceed without paying the filing fee.

Filing-fee rulings

The court had denied Sivak's requests under 28 U.S.C. § 1915(g), part of the Prison Litigation Reform Act. That provision generally prevents a prisoner from proceeding without paying filing fees after three or more earlier cases or appeals were dismissed as frivolous, malicious, or for failure to state a claim, unless the prisoner alleges an immediate danger of serious physical injury.

The court found that Sivak had three or more qualifying prior dismissals, had not alleged a specific immediate danger of serious physical injury when he filed these cases, and did not meet the standard for proceeding without paying the fees. The court ordered him to pay the full filing fee in each case within 14 days or face dismissal without prejudice.

Appeals and jurisdiction

Sivak appealed some of the orders denying his requests. The court explained that an appeal from an interlocutory order does not become effective for jurisdictional purposes until the Court of Appeals allows the appeal. Because the Court of Appeals had not granted permission, the district court retained jurisdiction over these cases.

Disposition

The payment deadlines passed without Sivak paying the filing fees. The court therefore dismissed each listed action without prejudice. Sivak may file a motion to reopen any case after paying its full filing fee, and a separate full filing fee is required for each case he seeks 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.