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N.D. Cal.Procedural orderFiled Mar. 29, 2021

Bonilla v. Marin County Superior Court

Judge
Phyllis Hamilton
Docket
4:21-cv-02053
Court
U.S. District Court · Northern District of California
Pages
2
Civil RightsSection 1983Pro SeCivil Procedure
In one sentence

In Bonilla v. Santa Cruz County Superior Court, Judge Hamilton dismissed the prisoner’s multiple civil-rights cases with prejudice.

Who this affects

Steven Wayne Bonilla’s multiple civil-rights cases were dismissed with prejudice, and he was not permitted to proceed without paying the filing fee because the court found no imminent danger.

What happened

Steven Wayne Bonilla, a state prisoner, filed multiple civil-rights complaints against various federal judges, state judges, and superior courts. The complaints challenged his conviction and the handling of his court cases and habeas petitions.

The court said Bonilla could not proceed without paying the filing fee because he had previously been barred from proceeding without fees and had not shown imminent danger when he filed. The court also said the lawsuits would be barred for other legal reasons even if his fee applications were granted, and it dismissed the cases with prejudice.

Judge Phyllis J. Hamilton also addressed whether her impartiality could reasonably be questioned, ordered the clerk to terminate pending motions and close the cases, and directed the clerk to return future submissions in those closed cases without filing them.

The detailed version

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

Case
Bonilla v. Marin County Superior Court · No. 4:21-cv-02053
Judge
Phyllis Hamilton
Date
Mar. 29, 2021

Background

Steven Wayne Bonilla, identified as a state prisoner, filed multiple complaints without a lawyer under 42 U.S.C. § 1983, a federal law allowing certain civil-rights claims against state actors. The defendants included various federal judges, state judges, and superior courts. The complaints presented similar claims concerning Bonilla’s underlying conviction and the handling of his self-filed habeas petitions and other court cases.

The opinion also states that Bonilla had a pending federal habeas petition in the same district with appointed counsel and was represented by counsel in state habeas proceedings.

Filing-fee status and other barriers

The court stated that Bonilla had been disqualified from proceeding without paying the filing fee under 28 U.S.C. § 1915(g), unless he could show that he faced imminent danger. The court found that the complaints did not show imminent danger at the time they were filed, so Bonilla could not proceed without paying the fee.

The court further stated that, even if an application to proceed without paying the fee were granted, the lawsuits would be barred under the legal principles identified in Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The opinion does not provide a separate claim-by-claim analysis of those principles.

Disposition

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

The court additionally stated that these cases were not ones in which the presiding judge’s impartiality might reasonably be questioned because of the repetitive and frivolous nature of the filings. The order was signed by Judge Phyllis J. Hamilton.

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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