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N.D. Cal.Procedural orderFiled Feb. 22, 2023

Bonilla v. Court Clerk's Office

Judge
Phyllis Hamilton
Docket
4:23-cv-00607
Court
U.S. District Court · Northern District of California
Pages
2
Civil RightsCivil ProcedurePro Se
In one sentence

In Bonilla v. Court Clerk’s Office, Judge Hamilton dismissed multiple civil-rights cases with prejudice because Bonilla could not proceed without paying and his claims were barred.

Who this affects

Steven Wayne Bonilla’s multiple civil-rights lawsuits were dismissed with prejudice. The order also barred him from proceeding without paying filing fees in these cases and directed the clerk to close the cases and return later submissions without filing them.

What happened

In Bonilla v. Court Clerk’s Office, Steven Wayne Bonilla, a state prisoner representing himself, filed nearly identical civil-rights cases against courts and officials. He sought relief connected to his conviction and the handling of other cases.

The court said Bonilla was barred from proceeding without paying the filing fees unless he showed an immediate serious danger of physical injury. His complaints did not show that danger. The court also said that, even if he were allowed to proceed without paying, the lawsuits would be barred by several legal doctrines and prior decisions.

Judge Phyllis J. Hamilton dismissed the cases with prejudice, ended all pending motions, closed the cases, and directed the clerk to return later documents without filing them.

The detailed version

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

Case
Bonilla v. Court Clerk's Office · No. 4:23-cv-00607
Judge
Phyllis Hamilton
Date
Feb. 22, 2023

Background

Steven Wayne Bonilla, a state prisoner, filed multiple nearly identical civil-rights complaints under 42 U.S.C. § 1983 while representing himself. He sued various courts and officials and sought relief concerning his underlying conviction and the way state and federal courts handled his other cases. The opinion also states that he had a pending federal petition challenging his confinement with appointed counsel and was represented by counsel in state-court proceedings.

Proceeding Without Paying Filing Fees

Bonilla sought, or potentially sought, permission to proceed without paying the filing fees. The court stated that he had previously been disqualified from that status under 28 U.S.C. § 1915(g), unless he was in immediate danger of serious physical injury when he filed the complaints. The court found that the allegations did not show such danger. Therefore, he could not proceed without paying the fees.

Other Bars to the Lawsuits

The court further stated that, even if Bonilla’s application to proceed without paying fees 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 opinion does not provide a separate analysis explaining which bar applied to which claim.

Ruling

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.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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