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N.D. Cal.Procedural orderFiled Oct. 8, 2021

Bonilla

Judge
Phyllis Hamilton
Docket
4:21-cv-07492
Court
U.S. District Court · Northern District of California
Pages
2
Civil RightsSection 1983Pro SeCivil Procedure
In one sentence

In re Steven Wayne Bonilla: Judge Hamilton dismissed five civil-rights cases with prejudice because Bonilla could not proceed without paying fees and the suits were otherwise barred.

Who this affects

Steven Wayne Bonilla; the five civil-rights cases were dismissed with prejudice and closed, and further documents submitted in them were to be returned without filing.

What happened

In In re Steven Wayne Bonilla, a state prisoner filed five similar civil-rights cases without a lawyer. He challenged his conviction or the handling of his other cases and did not name specific defendants.

Bonilla was barred from proceeding without paying filing fees unless he showed that he faced an immediate danger of serious physical injury. The court found that his complaints did not show such danger. It also said the lawsuits would be barred for additional legal reasons even if he could proceed without paying fees.

Judge Phyllis J. Hamilton dismissed all five cases with prejudice, ended all pending motions, and closed the cases. The clerk was directed to return any further documents Bonilla submitted in those closed cases without filing them.

The detailed version

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

Case
Bonilla · No. 4:21-cv-07492
Judge
Phyllis Hamilton
Date
Oct. 8, 2021

Background

Steven Wayne Bonilla, identified as a state prisoner, filed five similar complaints under 42 U.S.C. § 1983, a federal law that allows certain civil-rights claims against state actors. He filed the complaints without a lawyer. The opinion says that he sought relief related to his underlying conviction or the handling of his other cases by state and federal courts, but that he named no specific defendants.

The opinion also notes that Bonilla was a condemned prisoner with a pending federal petition challenging his custody in the same court, where he had appointed counsel. It states that he was also represented by counsel in state-court proceedings concerning that petition.

Reasons for dismissal

The court addressed Bonilla's possible request to proceed in forma pauperis, meaning without prepaying filing fees. Under 28 U.S.C. § 1915(g), the court said he had already been disqualified from proceeding this way unless he was under imminent 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 request to proceed without prepaying fees were granted, his 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 opinion does not assign a separate one of those grounds to each case or explain each ground in detail.

Ruling

Judge Phyllis J. Hamilton ordered that the five cases be dismissed with prejudice. The order also directed the clerk to terminate all pending motions, close the cases, and return without filing any further documents Bonilla submitted in them.

The authoritative version

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

Open opinion PDF →
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