Bonilla v. Volkman

Background

Steven Wayne Bonilla, a state prisoner representing himself, filed multiple civil-rights complaints under 42 U.S.C. § 1983. The complaints were nearly identical. He named several state courts, state judges, and other state and federal officials as defendants, and sought relief concerning his underlying conviction and the handling of his other cases. The opinion also states that Bonilla had a pending federal petition challenging his imprisonment with appointed counsel and was represented by counsel in state court proceedings.

Filing-fee status

The court stated that Bonilla had previously been disqualified from proceeding without paying filing fees under 28 U.S.C. § 1915(g). That law permits a disqualified prisoner to proceed without paying only if the complaint shows that he faced an imminent danger of serious physical injury when he filed it. The court found that Bonilla's allegations did not show such danger. He therefore could not proceed without paying the filing fees.

Other legal barriers

The court further stated that, even if an application to proceed without paying fees were granted, the lawsuits would be barred under several legal rules and decisions, including rules concerning challenges to criminal convictions, interference with ongoing state proceedings, challenges to federal court proceedings, and limits on claims against judges and courts.

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. The order was signed by Judge Phyllis J. Hamilton.