Bonilla v. Gonzales Rogers

Background

Steven Wayne Bonilla, identified as a state prisoner, filed multiple complaints without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute. The complaints named various state courts as defendants and sought relief concerning Bonilla’s underlying conviction and the handling of his other petitions and cases by state and federal courts. The order also noted that Bonilla had a pending federal petition for release from allegedly unlawful custody with appointed counsel, as well as representation in state-court proceedings.

Proceeding Without Paying Filing Fees

The court stated that Bonilla had previously been disqualified from proceeding without paying filing fees under 28 U.S.C. § 1915(g), unless he showed that he was in imminent danger of serious physical injury when he filed the complaints. The court found that the allegations did not make that showing. Bonilla therefore could not proceed without paying the required fees.

Other Legal Bars

The court further stated that, even if an application to proceed without paying fees were granted, the lawsuits would be barred under the rules or precedents identified as Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The order did not provide separate claim-by-claim analysis of those grounds.

Ruling

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

The court additionally stated that the repetitive and frivolous nature of the filings did not create a situation in which the judge’s impartiality could reasonably be questioned. Judge Phyllis J. Hamilton signed the order on September 21, 2020.