Bonilla

Background

Steven Wayne Bonilla, a state prisoner, filed multiple self-represented civil-rights complaints under 42 U.S.C. § 1983. The opinion states that Bonilla is a condemned prisoner with a pending federal petition challenging his custody, in which he has appointed counsel, and that he is also represented by counsel in state-court proceedings. The complaints presented nearly identical claims and named a federal judge, various state courts, and several state and federal officials. Bonilla sought relief concerning his underlying conviction or the handling of his other cases by state and federal courts.

Court’s analysis

The court addressed Bonilla’s request to proceed without paying the filing fees. Under 28 U.S.C. § 1915(g), a prisoner previously disqualified from proceeding without paying fees may do so only if the complaint shows that the prisoner faced an imminent danger of serious physical injury when the complaint was filed. The court found that these complaints did not show such a danger.

The court further stated that, even if Bonilla’s applications to proceed without paying fees had been granted, the lawsuits would be barred under the rules and precedents identified as Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The opinion does not separately explain how each cited rule applied to each case.

Disposition

The court dismissed the cases with prejudice. It directed the clerk to terminate all pending motions and close the cases, and to return without filing any further documents Bonilla submitted in those closed cases. The order was signed by Judge Phyllis J. Hamilton.