Bonilla

Background

Steven Wayne Bonilla, identified in the order as a state prisoner and a condemned prisoner, filed multiple complaints without a lawyer under 42 U.S.C. § 1983, the federal civil-rights statute for claims against state actors. The complaints were nearly identical. Bonilla named several counties, state courts, and clerk’s offices as defendants and sought relief concerning his underlying conviction or the handling of his other cases.

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

Filing-fee issue

The court stated that Bonilla had previously been disqualified from proceeding in forma pauperis, meaning without prepaying filing fees, under 28 U.S.C. § 1915(g). That statute permits a disqualified prisoner to proceed without prepaying fees only if the complaint shows that the prisoner was under imminent danger of serious physical injury when the complaint was filed.

The court found that Bonilla’s allegations did not show imminent danger at the relevant time. It therefore held that he could not proceed without prepaying the filing fees.

Other legal bars and disposition

The court further stated that, even if Bonilla’s applications to proceed without prepaying fees were granted, his lawsuits would be barred under the authorities cited in the order: Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The order did not provide a separate merits analysis of Bonilla’s underlying allegations.

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

Judge

Judge Phyllis J. Hamilton signed the order on March 14, 2022.