Bonilla v. Volkman

Background

Steven Wayne Bonilla, identified as a state prisoner and a condemned prisoner, filed multiple civil-rights complaints without a lawyer under 42 U.S.C. § 1983. The complaints presented nearly identical claims against various federal and state judges and other officials. Bonilla sought relief concerning his underlying conviction and the way state and federal courts handled his other cases.

The order noted that Bonilla had a pending federal petition challenging his imprisonment, with appointed counsel, and was represented by counsel in state court proceedings concerning the same subject. The opinion also stated that Bonilla had an extensive history of filing similar cases.

Court’s analysis

The court addressed Bonilla’s ability to proceed without paying the filing fees. Under 28 U.S.C. § 1915(g), a prisoner who has been disqualified from proceeding without those fees may do so only if the complaint shows that the prisoner faced an imminent danger of serious physical injury when the complaint was filed. The court found that Bonilla’s allegations did not show such danger.

The court further ruled that, even if an application to proceed without paying fees were granted, the lawsuits would be barred under several legal doctrines. The order cited the rule from Heck v. Humphrey, which can bar civil-rights claims that would undermine a conviction; the rule from Younger v. Harris concerning certain ongoing state proceedings; and additional barriers identified in Demos v. U.S. District Court and Mullis v. U.S. Bankruptcy Court.

The court also rejected any suggestion that the presiding judge’s impartiality could reasonably be questioned merely because of Bonilla’s repetitive and allegedly frivolous filings. The court cited the principle that, absent legitimate grounds for recusal, an assigned judge has a duty to decide the cases assigned to that judge.

Disposition

The court dismissed the cases with prejudice. It directed the clerk to terminate all pending motions and close the cases. It also ordered the clerk to return, without filing, any further documents Bonilla submitted in the closed cases.

The order lists numerous related case numbers, including 25-cv-1979-PJH, 25-cv-1980-PJH, 25-cv-2063-PJH, 25-cv-2064-PJH, 25-cv-2065-PJH, 25-cv-2178-PJH, 25-cv-2179-PJH, 25-cv-2180-PJH, 25-cv-2182-PJH, 25-cv-2183-PJH, 25-cv-2184-PJH, 25-cv-2444-PJH, 25-cv-2445-PJH, 25-cv-2513-PJH, 25-cv-2532-PJH, 25-cv-2533-PJH, 25-cv-2535-PJH, 25-cv-2536-PJH, 25-cv-2537-PJH, 25-cv-2538-PJH, 25-cv-2539-PJH, 25-cv-2540-PJH, 25-cv-2617-PJH, 25-cv-2618-PJH, 25-cv-2621-PJH, 25-cv-2629-PJH, and additional listed cases.