Bonilla v. Alameda County Superior Court

Background

Steven Wayne Bonilla, identified in the order as a state prisoner and a condemned prisoner, filed multiple civil-rights complaints without a lawyer under 42 U.S.C. § 1983. The complaints presented nearly identical claims and named several counties and state and federal officials as defendants. The order says Bonilla sought relief concerning his underlying conviction or the way his other cases had been handled by state and federal courts.

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

Reasons for dismissal

The court addressed Bonilla's possible request to proceed without paying the filing fee. Under 28 U.S.C. § 1915(g), a prisoner previously disqualified from that status may proceed without paying only if the complaint shows that the prisoner was facing an imminent danger of serious physical injury when the complaint was filed. The court found that Bonilla's allegations did not show such danger, so he could not proceed without paying the filing fee.

The court further stated that, even if it granted an application to proceed without paying the fee, the lawsuits would be barred under Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, or Mullis v. U.S. Bankruptcy Court. The opinion does not separately explain how each cited decision 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 the closed cases. Judge Phyllis J. Hamilton signed the order.