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N.D. Cal.Procedural orderFiled Jan. 27, 2023

Bonilla v. Contra Costa County

Judge
Phyllis Hamilton
Docket
4:23-cv-00358
Court
U.S. District Court · Northern District of California
Pages
2
Civil RightsSection 1983Pro SeCivil Procedure
In one sentence

In Bonilla v. El Dorado County Superior Court, Judge Hamilton dismissed multiple civil-rights cases with prejudice because Bonilla showed no imminent physical danger and the suits faced other legal bars.

Who this affects

Steven Wayne Bonilla and the state superior courts, state judges, and federal judges named as defendants in the multiple cases.

What happened

In Steven Wayne Bonilla v. El Dorado County Superior Court et al., Bonilla, a state prisoner, filed multiple similar civil-rights lawsuits without a lawyer. He sued state superior courts, state judges, and federal judges over his conviction and how his other cases were handled.

The court found that Bonilla could not proceed without paying the filing fees because he had previously been barred from that status unless he showed an imminent danger of serious physical injury. The complaints did not show such a danger. The court also said that, even if he were allowed to proceed without paying, other legal rules would bar the lawsuits.

The court dismissed the cases with prejudice, ended the pending motions, and closed the cases. Judge Phyllis J. Hamilton also directed the clerk to return future filings 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. Contra Costa County · No. 4:23-cv-00358
Judge
Phyllis Hamilton
Date
Jan. 27, 2023

Background

Steven Wayne Bonilla, identified as a state prisoner and a condemned prisoner, filed multiple civil-rights complaints without a lawyer under 42 U.S.C. § 1983. The complaints presented nearly identical claims and named various state superior courts, state judges, and federal judges in the Eastern District of California. Bonilla sought relief related to his underlying conviction and to the handling of his other state and federal cases.

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

Procedural ruling

The court addressed Bonilla's attempt to proceed without paying filing fees. Under 28 U.S.C. § 1915(g), a prisoner who has accumulated the relevant prior dismissals generally cannot proceed without paying unless the complaint shows that the prisoner faced an imminent danger of serious physical injury when the complaint was filed. The court found that Bonilla's allegations did not show such danger, so he could not proceed without paying the fees.

The court further stated that, even if an application to proceed without paying fees were granted, the lawsuits would be barred under the rules identified in the opinion, including rules concerning challenges to criminal convictions, interference with ongoing proceedings, and certain claims against courts and judges. The opinion cites Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court.

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 additional documents Bonilla submitted in the closed cases. Judge Phyllis J. Hamilton signed the order on January 27, 2023.

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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