Bonilla

Background

Steven Wayne Bonilla, a state prisoner proceeding without a lawyer, filed multiple civil-rights complaints under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional or other federal rights by persons acting under state law. The complaints were nearly identical. They named various state superior courts and state judges as defendants and sought relief concerning Bonilla’s underlying conviction or the way his other cases had been handled by state and federal courts.

The order states that Bonilla is a condemned prisoner with a pending federal petition challenging his custody in the same court, where he has appointed counsel. It also states that he is represented by counsel in state court proceedings.

Ruling

The court addressed Bonilla’s request, to the extent he sought to proceed in forma pauperis, meaning without paying the filing fee. Under 28 U.S.C. § 1915(g), the court said he had been disqualified from proceeding without paying unless he showed that he faced imminent danger of serious physical injury when he filed his complaints. The court found that the allegations did not show such danger, so he could not proceed without paying the filing fee.

The court further stated that, even if an application to proceed without paying 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 does not assign a separate, case-specific basis to each of the listed cases.

Judge Phyllis J. Hamilton therefore ordered that the cases be dismissed with prejudice. The clerk was directed to terminate all pending motions, close the cases, and return without filing any further documents Bonilla submits in the closed cases.