Bonilla v. Marin County Superior Court

Background

Steven Wayne Bonilla, a state prisoner, filed multiple complaints without a lawyer under 42 U.S.C. § 1983, the federal civil-rights statute. The complaints presented nearly identical claims and named various federal and state judges and state courts as defendants. Bonilla sought relief concerning his underlying conviction and the handling of his other cases.

The court noted that Bonilla had a pending federal petition challenging his imprisonment with appointed counsel and was also represented by counsel in state-court proceedings. The court further noted Bonilla’s history of filing similar cases.

Proceeding Without Paying Filing Fees

The court held that Bonilla was disqualified from proceeding without paying filing fees under 28 U.S.C. § 1915(g), unless he was in imminent danger of serious physical injury when he filed the complaints. The allegations did not show that he was in such danger at the time of filing.

Reasons for Dismissal

The court also ruled that, even if an application to proceed without paying fees were granted, the lawsuits would be barred under the legal rules identified in the opinion, including rules concerning challenges to criminal convictions, ongoing state proceedings, and interference with other courts. The court therefore dismissed the cases with prejudice.

The court separately addressed Bonilla’s naming of the judge as a defendant in three of the cases. It found no basis to question the judge’s impartiality because of the repetitive and frivolous nature of the filings, particularly because Bonilla made no specific allegations against the judge.

Disposition

The court ordered the clerk to terminate all pending motions and close the cases. It also ordered the clerk to return, without filing, any further documents Bonilla submits in those closed cases. The order was signed by United States District Judge Phyllis J. Hamilton.