Summary
The United States District Court for the Northern District of California dismissed several substantially similar pro se civil-rights actions filed by a state prisoner against judges and government officials. The court held that the plaintiff could not proceed in forma pauperis under 28 U.S.C. § 1915(g) because he had not shown imminent danger, and that the claims would otherwise be barred by doctrines including Heck, Younger, Demos, and Mullis; the cases were dismissed with prejudice.
Holdings
- Bonilla could not proceed in forma pauperis because he had been disqualified under § 1915(g) and the complaints did not show that he was under imminent danger of serious physical injury when he filed them.
- Even if an IFP application were granted, the actions were barred under Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, or Mullis v. U.S. Bankruptcy Court.
- The four cases were dismissed with prejudice, pending motions were terminated, and the cases were closed.
Questions Presented
- Whether Bonilla could proceed in forma pauperis despite his prior disqualification under 28 U.S.C. § 1915(g).
- Whether the complaints were barred by doctrines including Heck v. Humphrey, Younger v. Harris, Demos v. U.S. District Court, or Mullis v. U.S. Bankruptcy Court.
- Whether the cases should be dismissed with prejudice and closed.
Disposition
dismissed
Cases Cited (9)
- Bonilla v. Ayers, Case No. 08-0471 YGR(cited)
- In re Bonilla, Case No. 20-2986 PJH, Docket No. 1 at 7(cited)
- In re Steven Bonilla, Case No. 11-3180 CW(cited)
- Bonilla v. Dawson, Case No. 13-0951 CW(cited)
- Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)(applied)
- Younger v. Harris, 401 U.S. 37, 43-54 (1971)(applied)
- Demos v. U.S. District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991)(applied)
- Mullis v. U.S. Bankruptcy Court, 828 F.2d 1385, 1393 (9th Cir. 1987)(applied)
- United States v. Holland, 519 F.3d 909, 912 (9th Cir. 2008)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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