Sivak v. Parea

Background

Lacey Sivak, identified as an Idaho state prisoner and frequent litigant, filed the listed actions while representing himself. In each action, the court denied his request to proceed without paying the filing fee under 28 U.S.C. § 1915(g). That statute generally prevents 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 of serious physical injury when he filed, and did not meet the standard for proceeding without paying the fees.

The court directed Sivak to pay the full filing fee in each action within fourteen days or risk dismissal without prejudice. Sivak did not pay the fees. Instead, he appealed some of the orders. The court explained that an interlocutory appeal generally transfers jurisdiction over the appealed issues to the court of appeals, but an appeal from an interlocutory order is not treated as filed until the court of appeals permits the appeal. Because the Ninth Circuit had not granted permission for these appeals, the district court retained jurisdiction over the actions.

Rulings

The court dismissed each listed action without prejudice because the deadline to pay the filing fee had passed. The court stated that Sivak may move to reopen any action after paying that action's full filing fee; a separate full filing fee is required for each case he wishes to reopen and pursue.

The court also denied any pending motion to proceed without paying the filing fee on appeal under § 1915(g), for the same reasons Sivak was denied that status in the district court. The court stated that the Ninth Circuit would independently review any request to proceed without paying fees on appeal. The Clerk was ordered to terminate all other pending motions as moot and close the cases. Judge Araceli Martinez-Olguin signed the order.