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N.D. Cal.Procedural orderFiled Sept. 26, 2022

Bonilla v. Thompson

Judge
Phyllis Hamilton
Docket
4:22-cv-05354
Court
U.S. District Court · Northern District of California
Pages
2
Civil RightsSection 1983Pro SeCivil Procedure
In one sentence

In Bonilla v. Judge Steven Barnes, Judge Hamilton ruled Bonilla could not proceed without fees and dismissed the cases with prejudice.

Who this affects

Steven Wayne Bonilla's multiple civil-rights cases were dismissed with prejudice, and he could not proceed without paying filing fees. The order also terminated pending motions, closed the cases, and required the clerk to return later submissions without filing them.

What happened

In Bonilla v. Judge Steven Barnes, Steven Wayne Bonilla, a condemned state prisoner, filed multiple nearly identical civil-rights complaints without a lawyer under a federal law allowing suits against state officials. He named numerous state courts and state judges and sought relief related to his conviction and the handling of his other cases.

The court ruled that Bonilla could not proceed without paying filing fees because he had been disqualified from proceeding without fees and had not shown that he faced an immediate danger of serious physical injury when he filed the complaints. The court also said that, even if he could proceed without paying fees, the lawsuits would be barred by several legal doctrines and prior decisions.

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

The detailed version

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

Case
Bonilla v. Thompson · No. 4:22-cv-05354
Judge
Phyllis Hamilton
Date
Sept. 26, 2022

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 order covers the multiple case numbers listed in the caption. The complaints presented nearly identical claims against numerous state courts and state judges. Bonilla sought relief concerning his underlying conviction and the way other cases had been handled by state and federal courts. The order also states that he had a pending federal petition challenging his custody and was represented by counsel in state-court proceedings challenging his custody.

Filing-fee status

To the extent Bonilla sought permission to proceed without paying the filing fee, the court held that 28 U.S.C. § 1915(g) disqualified him from doing so unless he showed that he was in immediate danger of serious physical injury when he filed his complaints. The court found that the allegations did not show such danger. The court therefore ruled that Bonilla could not proceed without paying the filing fee.

Other bars and disposition

The court further stated that, even if a request to proceed without paying the filing fee were granted, the lawsuits would be barred under the legal rules and decisions cited in the order, including 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. It dismissed the cases with prejudice, directed the clerk to terminate all pending motions and close the cases, and directed the clerk to return without filing any further documents Bonilla submitted in the closed cases. Judge Phyllis J. Hamilton signed the order on September 26, 2022.

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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