Bonilla v. Dawson

Background

Steven Wayne Bonilla, identified as a state prisoner and a condemned prisoner, filed multiple similar civil-rights complaints without a lawyer under 42 U.S.C. § 1983. The listed cases were Nos. 22-cv-4902-PJH, 22-cv-4903-PJH, 22-cv-4904-PJH, 22-cv-4906-PJH, 22-cv-4969-PJH, 22-cv-4970-PJH, 22-cv-5073-PJH, 22-cv-5121-PJH, and 22-cv-5135-PJH. He named several counties and state and federal officials as defendants. The order says his claims concerned his underlying conviction or the handling of his other state and federal court cases.

The order also notes that Bonilla had a pending federal petition challenging his detention with appointed counsel and was represented by counsel in state court proceedings.

Court’s Analysis

The court addressed Bonilla’s ability to proceed without paying the filing fee. Under 28 U.S.C. § 1915(g), a prisoner who has accumulated qualifying prior dismissals generally may not proceed without paying unless he shows that he was in imminent danger of serious physical injury when he filed the complaint. The court found that Bonilla’s allegations did not show such danger. The court therefore concluded that he could not proceed without paying the filing fee.

The court further stated that, even if an application to proceed without paying the filing fee were granted, the lawsuits would be barred under the legal rules discussed in Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The order did not reach the underlying merits of Bonilla’s claims.

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 the closed cases. Judge Phyllis J. Hamilton signed the order.