Bonilla v. Ayoob
- Phyllis Hamilton
- 4:23-cv-06106
- U.S. District Court · Northern District of California
- 2
In Bonilla v. Judge O’Farrell, Judge Hamilton dismissed multiple civil-rights cases with prejudice because Bonilla could not proceed without prepaying filing fees and the suits were barred.
Steven Wayne Bonilla and his multiple civil-rights cases against various state courts and judges.
What happened
In Steven Wayne Bonilla v. Judge O’Farrell et al., Bonilla, a condemned state prisoner representing himself, filed multiple nearly identical civil-rights cases against state courts and judges. He challenged his conviction and the handling of his other cases.
The court said Bonilla could not proceed without prepaying filing fees because he had been barred from that status and his complaints did not show that he faced an immediate danger of serious physical injury when he filed them. The court also said that, even if he could proceed without prepaying fees, legal rules would bar the lawsuits.
Judge Phyllis J. Hamilton dismissed the cases with prejudice, ordered the clerk to end all pending motions and close the cases, and directed the clerk to return future documents submitted in those closed cases without filing them.
The detailed version
- Bonilla v. Ayoob · No. 4:23-cv-06106
- Phyllis Hamilton
- Dec. 21, 2023
Background
Steven Wayne Bonilla, identified as a state prisoner and a condemned prisoner, filed multiple civil-rights complaints under 42 U.S.C. § 1983 while representing himself. The complaints presented nearly identical claims and named various state courts and judges as defendants. Bonilla sought relief concerning his underlying conviction or the way state and federal courts handled his other cases.
The opinion also states that Bonilla had a pending federal petition challenging his conviction in the same court with appointed counsel, and that he was represented by counsel in state-court proceedings concerning that petition.
Reasoning
The court determined that Bonilla had been disqualified from proceeding without prepaying filing fees under 28 U.S.C. § 1915(g), unless he showed that 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.
The court further stated that, even if an application to proceed without prepaying filing fees were granted, the lawsuits would be barred under the legal rules discussed in Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, or Mullis v. U.S. Bankruptcy Court. The opinion does not separately explain which rule applies to which case or claim.
Ruling
Judge Phyllis J. Hamilton dismissed the cases with prejudice. The clerk was ordered to terminate all pending motions and close the cases, and to return, without filing, any further documents Bonilla submits in the closed cases.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.