Bonilla v. Margulies

Background

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

The order also noted that Bonilla had a pending federal petition concerning his imprisonment in the same court, with appointed counsel, and was represented by counsel in state court proceedings.

Reasoning

The court explained that Bonilla had been disqualified from proceeding without paying the filing fee under 28 U.S.C. § 1915(g). That rule permits a disqualified prisoner to proceed without the fee only if he was in imminent danger of serious physical injury when he filed the complaint. The court found that the allegations did not show such danger.

The court further stated that, even if an application to proceed without paying the fee were granted, 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 order did not separately analyze each complaint or explain which cited rule applied to which claim.

Disposition

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