Bonilla v. David Anthony et. al.

Background

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

The order notes that Bonilla has a pending federal petition challenging his imprisonment, with appointed counsel, and is represented by counsel in state proceedings concerning that petition.

Reasons for Dismissal

The court stated that Bonilla had previously been disqualified from proceeding without paying filing fees under 28 U.S.C. § 1915(g). That statute generally prevents a prisoner with the required history of frivolous or otherwise qualifying filings from proceeding without paying fees unless 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. He therefore could not proceed without paying the filing fees.

The court further stated that, even if Bonilla had been allowed to proceed without paying fees, the lawsuits would be barred under the legal rules discussed in Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The order did not reach the underlying merits of Bonilla’s claims.

The court also stated that the repetitive and allegedly frivolous nature of the filings did not provide a reason to question the undersigned judge’s impartiality. It cited the principle that, absent a legitimate reason for disqualification, a judge has a duty to decide cases assigned to that judge.

Disposition

Judge Phyllis J. Hamilton dismissed the cases with prejudice. The clerk was directed to terminate all pending motions and close the cases. The clerk was also directed to return, without filing, any further documents Bonilla submits in the closed cases.