Bonilla v. Volkman
- Phyllis Hamilton
- 4:21-cv-00576
- U.S. District Court · Northern District of California
- 2
In Bonilla v. Chhabria, Judge Hamilton dismissed multiple civil-rights cases with prejudice after finding no imminent danger and identifying additional legal bars.
Steven Wayne Bonilla’s multiple civil-rights cases were dismissed with prejudice. The defendants were various federal and state court judges and several municipalities.
What happened
In Steven Wayne Bonilla v. Judge Vince G. Chhabria, et al., a state prisoner filed several similar civil-rights lawsuits without a lawyer against federal and state judges and municipalities. He challenged his conviction and the handling of his other court cases.
The court said Bonilla could not proceed without paying filing fees because his allegations did not show that he faced an immediate risk of serious physical injury when he filed. The court also said that, even if he could proceed without paying, the lawsuits would be barred by several legal doctrines and dismissed the cases with prejudice.
Judge Phyllis J. Hamilton ordered the clerk to end all pending motions, close the cases, and return future documents Bonilla submits in those closed cases without filing them.
The detailed version
- Bonilla v. Volkman · No. 4:21-cv-00576
- Phyllis Hamilton
- Jan. 27, 2021
Background
Steven Wayne Bonilla, identified as a state prisoner and a condemned prisoner, filed multiple similar civil-rights complaints under 42 U.S.C. § 1983. He proceeded without a lawyer in these cases. The defendants included various federal and state court judges and several municipalities.
The complaints sought relief concerning Bonilla’s underlying conviction and the way his other petitions and cases had been handled by state and federal courts. The opinion also states that Bonilla had a pending federal petition challenging his custody with appointed counsel and was represented by counsel in state court proceedings.
Court’s analysis
The court addressed Bonilla’s request, to the extent he sought it, to proceed without paying filing fees. It stated that he had previously been disqualified from that status under 28 U.S.C. § 1915(g), unless he showed that he was in immediate danger of serious physical injury when he filed. The court found that the complaints did not show such danger.
The court further stated that, even if a request to proceed without paying filing fees were granted, the lawsuits would be barred under the legal rules identified in the opinion, including rules concerning challenges to criminal judgments, interference with ongoing proceedings, and certain claims against courts or judges.
Disposition
The court dismissed the cases with prejudice. It also rejected the argument that the repetitive and frivolous nature of the filings required the judge to step aside. 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
The order was signed by United States District Judge Phyllis J. Hamilton.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.