Bonilla v. Hamilton

Background

Steven Wayne Bonilla, a state prisoner proceeding without a lawyer, filed multiple civil-rights complaints under 42 U.S.C. § 1983. He is a condemned prisoner with a pending federal petition challenging his custody in this court, where he has appointed counsel. He is also represented by counsel in state-court proceedings. The complaints presented nearly identical claims against various federal judges, state judges, and other government officials. The requested relief concerned Bonilla’s underlying conviction or the handling of his other cases in state and federal court.

Filing-fee status and other barriers

The court stated that Bonilla had already been disqualified from proceeding without paying filing fees under the “three strikes” rule in 28 U.S.C. § 1915(g). That rule allows such a prisoner to proceed without paying fees only if the complaint shows that he faced an imminent danger of serious physical injury when he filed it. The court found that these complaints did not make that showing.

The court further stated that, even if a request to proceed without paying fees were granted, the lawsuits would be barred under additional legal authorities, including Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The opinion did not resolve the underlying claims on their merits.

Ruling

The court dismissed the cases with prejudice. It also stated that the repetitive and frivolous nature of the filings did not provide a basis for reasonably questioning the undersigned judge’s impartiality. The clerk was ordered to terminate all pending motions and close the cases, and to return without filing any further documents Bonilla submits in the closed cases. Judge Phyllis J. Hamilton signed the order.