Bonilla v. Leedy

Background

Steven Wayne Bonilla, identified as a state prisoner, filed multiple complaints without a lawyer under 42 U.S.C. § 1983, the federal civil-rights statute. The caption lists multiple related case numbers and Brian Ross Aronson and others as defendants. The complaints were nearly identical. Bonilla sought relief concerning his underlying conviction and the handling of his various self-filed petitions for release and other cases in state and federal court. The opinion also states that he had a pending federal petition for release in that court with appointed counsel and was represented by counsel in state-court proceedings.

Filing-fee restriction

The court explained that Bonilla had previously been disqualified from proceeding without paying the filing fee under the “three strikes” provision of 28 U.S.C. § 1915(g). That provision permits a disqualified prisoner to proceed without paying only if he was facing imminent danger of serious physical injury when he filed the complaint. The court concluded that the allegations did not show such imminent danger. Bonilla therefore could not proceed without paying the filing fee.

Other legal barriers

The court further stated that, even if an application to proceed without paying the filing fee were granted, the lawsuits would be barred under the rules identified in Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The opinion did not separately analyze each rule.

Disposition

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 in the closed cases. Judge Phyllis J. Hamilton entered the order on December 1, 2020.