Bonilla v. Hernandez

Background

Steven Wayne Bonilla, identified as a state prisoner, filed multiple civil-rights complaints under 42 U.S.C. § 1983 while representing himself. He also asked to proceed without paying the filing fees. The complaints named various federal judges, state judges, municipalities, and other state and county officials as defendants.

The court said the complaints presented similar claims concerning Bonilla’s underlying conviction and the handling of his self-represented petitions in state and federal courts. The opinion also noted that Bonilla had a pending federal petition concerning his conviction in the same court with appointed counsel, and that he was represented by counsel in state-court proceedings.

Ruling

The court held that Bonilla had been disqualified from proceeding without paying the filing fees under 28 U.S.C. § 1915(g). It further held that the complaints did not show that he faced imminent danger when he filed them. As a result, he could not proceed without paying the fees.

The court additionally stated that, even if an application to proceed without paying had been granted, the lawsuits would be barred under Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, or Mullis v. U.S. Bankruptcy Court. The opinion did not separately analyze the merits of Bonilla’s underlying claims.

Disposition and effect

The court dismissed the cases with prejudice. It directed the clerk to terminate all pending motions and close the cases, and to return without filing any further documents Bonilla submitted after closure. Judge Phyllis J. Hamilton signed the order.