Bonilla v. Blum

Background

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

The order also noted that Bonilla had a pending federal petition challenging his conviction in the same court, with appointed counsel, and was represented by counsel in state-court proceedings. The opinion identifies that pending federal matter by docket number and cites a related state-court proceeding, but it does not resolve either proceeding in this order.

Filing-fee determination

Bonilla sought, or could have sought, permission to proceed without paying filing fees. The court held that 28 U.S.C. § 1915(g) barred him from proceeding that way unless he showed that he was in immediate danger of serious physical injury when he filed his complaints. Relying on Bonilla’s prior disqualification from proceeding without paying fees, the court found that these complaints did not show such imminent danger.

Additional grounds for dismissal

The court further stated that, even if Bonilla had been allowed to proceed without paying filing 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 order did not decide the underlying allegations about Bonilla’s conviction or the handling of his other cases.

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 signed the order.