Bonilla v. Clay

Background

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

The order also noted that Bonilla had a pending federal petition concerning his imprisonment in the same court, with appointed counsel, and was represented by counsel in state-court proceedings concerning that petition.

Court’s reasoning

To the extent Bonilla sought permission to proceed without paying filing fees, the court held that 28 U.S.C. § 1915(g) disqualified him from doing so unless he showed that he was in immediate danger of serious physical injury when he filed the complaints. The court found that the allegations did not show such danger.

The court further stated that, even if Bonilla’s applications to proceed without paying fees were granted, the lawsuits would be barred under the legal rules and cases it cited: Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The order did not resolve the underlying civil-rights claims on their merits.

The court also stated that the repetitive and frivolous nature of the filings did not create a reasonable basis to question the undersigned judge’s impartiality. It cited the rule that, absent legitimate reasons for recusal, a judge has a duty to decide assigned cases.

Disposition

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 order is signed by Judge Phyllis J. Hamilton.