Bonilla v. Horner

Background

Steven Wayne Bonilla, a condemned state prisoner, filed multiple complaints under 42 U.S.C. § 1983, a federal law used to bring certain civil-rights claims. He represented himself in these cases. The complaints named various federal judges, state judges, counties, and federal agencies as defendants. The court said the cases presented similar claims concerning Bonilla’s underlying conviction and the handling of his other petitions and cases in state and federal court.

The opinion also noted that Bonilla had a pending federal petition challenging his confinement, with appointed counsel, and was represented by counsel in state-court proceedings. The opinion did not resolve those other proceedings.

Filing-fee status

Bonilla sought, or otherwise attempted to proceed, without paying the filing fees. The court stated that he had been disqualified from that status under 28 U.S.C. § 1915(g), unless he was in immediate danger of serious physical injury when he filed his complaints. The court found that the allegations did not show such danger. It therefore held that Bonilla could not proceed without paying the filing fees.

Other legal bars and disposition

The court further stated that, even if Bonilla had been allowed to proceed without paying the fees, 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 court did not provide a separate analysis applying each cited decision to each complaint.

The court dismissed the cases with prejudice. It ordered 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 the closed cases. Judge Phyllis J. Hamilton signed the order.