Bonilla v. Del Norte County Superior Court

Background

Steven Wayne Bonilla, identified as a state prisoner, filed multiple civil-rights complaints under 42 U.S.C. § 1983 without a lawyer. The complaints were nearly identical and named various state courts and judges as defendants. Bonilla sought relief concerning his underlying conviction or the way state and federal courts had handled his other cases.

The court also noted that Bonilla was a condemned prisoner with a pending federal petition concerning his imprisonment, in which he had appointed counsel. The court stated that he was represented by counsel in state-court proceedings as well.

Court’s reasoning

The court stated that Bonilla had been disqualified from proceeding in forma pauperis—meaning without paying the filing fee—under the federal law commonly called the “three-strikes” rule, 28 U.S.C. § 1915(g). That rule permits such a prisoner to proceed without paying only if he was in imminent danger of serious physical injury when he filed the complaint. The court found that the allegations did not show imminent danger at the time of filing.

The court further stated that, even if an application to proceed without paying the filing fee were granted, the lawsuits would be barred under the legal rules and decisions identified in the order: Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, and Mullis v. U.S. Bankruptcy Court.

Disposition

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