Bonilla v. Chhabria

Background

Steven Wayne Bonilla filed multiple nearly identical complaints under 42 U.S.C. § 1983, the federal law that allows civil-rights claims against state officials acting under state law. The order describes Bonilla as a state prisoner facing a death sentence, with a pending federal petition challenging his custody and representation by counsel in state-court habeas proceedings. He named various federal and state judges as defendants and sought relief concerning his underlying conviction or the way his state and federal cases had been handled.

Filing-fee status and barriers to the lawsuits

The court stated that Bonilla had previously been disqualified from proceeding without paying the filing fee under the “three-strikes” provision of 28 U.S.C. § 1915(g). That provision permits a disqualified prisoner to proceed without paying only if the complaint shows that the prisoner faced imminent danger of serious physical injury when the complaint was filed. The court found that these complaints did not show such danger.

The court further stated that, even if Bonilla had been allowed to proceed without paying the fee, 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 also noted Bonilla’s extensive history of filing similar cases.

Ruling

The court dismissed the cases with prejudice. It directed the clerk to terminate all pending motions and close the cases. It also directed the clerk to return, without filing, any further documents Bonilla submitted in the closed cases. The court rejected the argument that the presiding judge’s impartiality could reasonably be questioned because of the repetitive and allegedly frivolous filings. The order was signed by Judge Phyllis J. Hamilton.

Disposition

The order dismissed all listed cases with prejudice and closed them; it did not grant permission to proceed without paying the filing fee.