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N.D. Cal.Procedural orderFiled Mar. 9, 2021

Bonilla v. Lee

Judge
Phyllis Hamilton
Docket
4:21-cv-01346
Court
U.S. District Court · Northern District of California
Pages
2
Civil RightsSection 1983Pro SeCivil Procedure
In one sentence

In Bonilla v. State of California, Judge Hamilton dismissed multiple civil-rights cases with prejudice after finding no imminent danger and identifying several legal bars.

Who this affects

Steven Wayne Bonilla and the defendants named in his multiple civil-rights cases, including federal judges, state judges, counties, and federal agencies.

What happened

In Bonilla v. State of California, et al., Steven Wayne Bonilla, a state prisoner, filed multiple civil-rights cases without a lawyer. He challenged matters involving his conviction and the handling of his other petitions and cases in state and federal court.

Bonilla named federal judges, state judges, counties, and federal agencies as defendants. He also had a pending federal petition concerning his conviction, with a lawyer appointed in that matter, and was represented by a lawyer in state proceedings.

Judge Phyllis J. Hamilton ruled that Bonilla could not proceed without paying the filing fees because his allegations did not show imminent danger of serious physical injury when he filed. The judge also stated that the lawsuits would be barred by several legal doctrines even if fee applications were granted, and dismissed the cases with prejudice.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Bonilla v. Lee · No. 4:21-cv-01346
Judge
Phyllis Hamilton
Date
Mar. 9, 2021

Background

Steven Wayne Bonilla, a state prisoner, filed multiple civil-rights complaints under 42 U.S.C. § 1983 without a lawyer. The cases named various federal judges, state judges, counties, and federal agencies as defendants. The complaints presented similar claims concerning Bonilla’s underlying conviction and the handling of his other petitions and court cases.

The order states that Bonilla had a pending federal petition in this court concerning his conviction, in which counsel had been appointed. It also states that he was represented by counsel in state-court proceedings.

Filing-fee status

Bonilla was disqualified from proceeding in forma pauperis, meaning without paying the filing fee, under 28 U.S.C. § 1915(g). That statute permits a disqualified prisoner to proceed without the fee only if the complaint shows that the prisoner faced imminent danger of serious physical injury when the complaint was filed. The court found that the allegations did not show such danger.

Court’s ruling

The court further stated that, even if Bonilla’s applications to proceed without paying the filing fee were granted, the lawsuits would be barred under the legal rules and authorities identified in the order: Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The order does not provide a separate analysis of how each cited authority applied to each case.

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

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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