Bonilla v. Anthony

Background

Steven Wayne Bonilla, a state prisoner, filed five civil-rights complaints under 42 U.S.C. § 1983, a statute that permits certain claims against government officials for violating federal rights. He represented himself in these cases. The complaints were nearly identical and named various federal and state officials as defendants. They sought relief concerning Bonilla’s underlying conviction or the handling of his other state and federal court cases.

The opinion states that Bonilla is a condemned prisoner and has a pending federal petition challenging his custody in this court with appointed counsel. It also states that he is represented by counsel in state-court proceedings challenging his custody.

Court’s reasoning

The court addressed Bonilla’s request, to the extent he sought it, to proceed without paying filing fees. Under 28 U.S.C. § 1915(g), a prisoner who has accumulated qualifying prior dismissals generally may not proceed without paying those fees unless the complaint shows that the prisoner faced imminent danger of serious physical injury when it was filed. The court stated that Bonilla had already been disqualified from proceeding without paying fees under that rule and that the allegations did not show imminent danger of serious physical injury.

The court further stated that, even if Bonilla’s applications to proceed without paying fees were granted, the lawsuits would be barred under several legal doctrines and precedents, including rules concerning challenges to criminal convictions, ongoing state proceedings, and certain claims against federal courts. The opinion did not reach the underlying merits of Bonilla’s claims.

Disposition

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