Sivak v. Parea

Background

Lacey Sivak, an Idaho state prisoner representing himself, filed the numerous actions listed in the opinion. In each action, the court denied his request to proceed without paying the filing fee. The court relied on 28 U.S.C. § 1915(g), which generally prevents a prisoner who has had three or more qualifying prior cases dismissed as frivolous, malicious, or failing to state a claim from proceeding without paying the filing fee, unless the prisoner shows an immediate danger of serious physical injury. The court found that Sivak had three or more such dismissals and had not alleged the required danger when he filed these actions.

The court directed Sivak to pay the full filing fee within 14 days or risk dismissal without prejudice. Sivak appealed some of the orders instead of paying. The court explained that an interlocutory appeal—a nonfinal appeal during a case—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 concluded that it retained authority over the actions.

Rulings

The court stated that Sivak’s deadlines to pay the filing fees had passed. It therefore dismissed each of the listed actions without prejudice. The opinion states that Sivak may pay the full filing fee and file a motion to reopen any action, but a separate full filing fee is required for each case he wants to reopen and pursue.

The court also denied any pending request to proceed without paying the filing fee on appeal under § 1915(g), for the same reasons the district court had denied that status. It stated that the Ninth Circuit would independently decide whether Sivak could proceed without paying the appellate fee. Finally, the clerk was directed to terminate all other pending motions as moot and close the cases.