Bonilla v. County Recorder's Office

Background

Steven Wayne Bonilla, identified in the order as a state prisoner, filed multiple civil-rights complaints without a lawyer under 42 U.S.C. § 1983. The complaints presented very similar claims and sought relief concerning his underlying conviction or the handling of his other cases by state and federal courts. The order also noted that Bonilla had a pending federal petition challenging his custody in the same court with appointed counsel, and that he was represented by counsel in state-court proceedings.

Proceeding Without Paying Filing Fees

The court stated that Bonilla had previously been disqualified from proceeding in forma pauperis, meaning without paying the filing fee, under 28 U.S.C. § 1915(g). That restriction applies unless the complaint shows that the prisoner was in imminent danger of serious physical injury when he filed it. The court found that these complaints did not show such imminent danger, so Bonilla could not proceed without paying the filing fee.

Other Bars Identified by the Court

The court further stated that, even if an application to proceed without paying the filing fee were granted, the lawsuits would be barred under several legal authorities. Those authorities included rules concerning when a civil-rights action may challenge a conviction, when federal courts should refrain from interfering with certain ongoing state proceedings, and limits on lawsuits involving federal court proceedings.

Disposition

The court dismissed the cases with prejudice. It directed the clerk to terminate all pending motions and close the cases, and ordered that any additional documents Bonilla submitted in the closed cases be returned without filing. Judge Phyllis J. Hamilton signed the order.