Bonilla v. Monterey County Court Clerk's Office

Background

Steven Wayne Bonilla filed multiple nearly identical complaints under 42 U.S.C. § 1983, a law allowing civil-rights claims against people acting under state law. The opinion identifies Bonilla as a state prisoner and says he was representing himself in these cases. He named numerous county clerks and state superior courts as defendants and sought relief related to his underlying conviction and the handling of his other cases by state and federal courts.

The opinion also states that Bonilla had a pending federal petition challenging his confinement in the same district court, with appointed counsel, and was represented by counsel in state-court proceedings.

Filing-fee status and dismissal grounds

The court addressed Bonilla’s possible request to proceed without prepaying filing fees, commonly called proceeding in forma pauperis. Under 28 U.S.C. § 1915(g), the court said Bonilla had been disqualified from that status unless he showed that he was in imminent danger of serious physical injury when he filed the complaints. The court found that the allegations did not show such danger.

The court further stated that, even if Bonilla’s filing-fee applications were granted, the lawsuits would be barred under the legal rules and decisions cited in the order: Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court. The opinion did not resolve the underlying claims on their merits.

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 those closed cases. The order was signed by United States District Judge Phyllis J. Hamilton.