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N.D. Cal.Procedural orderFiled Aug. 24, 2022

Bonilla v. Unknown

Judge
Phyllis Hamilton
Docket
4:22-cv-04742
Court
U.S. District Court · Northern District of California
Pages
2
Civil RightsSection 1983Pro SeCivil Procedure
In one sentence

In Bonilla v. County of Santa Cruz, Judge Hamilton dismissed multiple civil-rights cases with prejudice because Bonilla could not proceed without paying filing fees and the suits were barred.

Who this affects

Steven Wayne Bonilla, who filed the cases, and the counties and state officials he named as defendants.

What happened

In Bonilla v. County of Santa Cruz, Steven Wayne Bonilla, a state prisoner, filed multiple nearly identical civil-rights lawsuits against counties and state officials. He sought relief related to his underlying conviction and represented himself in these cases.

The court said Bonilla could not proceed without paying filing fees because he had previously been barred from proceeding without those fees unless he faced an immediate danger of serious physical injury. The court found that his complaints did not show such a danger. It also said that, even if he were allowed to proceed without paying, the lawsuits would be barred by several legal doctrines and decisions concerning challenges to criminal convictions and ongoing proceedings.

Judge Hamilton dismissed the cases with prejudice, directed the clerk to terminate pending motions and close the cases, and ordered that further documents Bonilla submitted in the closed cases be returned without filing.

The detailed version

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

Case
Bonilla v. Unknown · No. 4:22-cv-04742
Judge
Phyllis Hamilton
Date
Aug. 24, 2022

Background

Steven Wayne Bonilla, identified as a state prisoner and a condemned prisoner, filed multiple complaints under 42 U.S.C. § 1983, a federal civil-rights statute. The caption lists ten related case numbers: 22-cv-4596-PJH, 22-cv-4624-PJH, and 22-cv-4736-PJH through 22-cv-4743-PJH. Bonilla represented himself in these cases. The court said the complaints presented nearly identical claims against several counties and state officials and sought relief concerning his underlying conviction.

The court 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 concerning that challenge.

Proceeding Without Paying Filing Fees

The court addressed Bonilla's possible requests to proceed without paying the filing fees. Under 28 U.S.C. § 1915(g), a prisoner who has accumulated qualifying prior dismissals generally may not proceed without paying unless the complaint shows that the prisoner faced an immediate danger of serious physical injury when it was filed. The court stated that Bonilla had been disqualified from proceeding without paying under that provision and found that his allegations did not show an immediate danger at the time of filing.

Other Grounds for Dismissal

The court further stated that, even if Bonilla's request to proceed without paying were granted, the lawsuits would be barred under the legal doctrines and decisions identified as Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The opinion did not provide a separate claim-by-claim analysis of those grounds.

Ruling

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

The authoritative version

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

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