Bonilla v. Freeman

Background

Steven Wayne Bonilla, a condemned state prisoner proceeding without a lawyer, filed multiple civil-rights complaints under 42 U.S.C. § 1983. The complaints presented nearly identical claims and named various federal and state judges and other officials as defendants. Bonilla sought relief concerning his underlying conviction and the handling of his other cases in state and federal court.

The opinion states that Bonilla had a pending federal petition challenging his imprisonment in the same court, with appointed counsel, and was also represented by counsel in state proceedings challenging his imprisonment.

Court’s Analysis

The court addressed Bonilla’s ability to proceed without paying filing fees. Under 28 U.S.C. § 1915(g), a prisoner who has been disqualified from that status may proceed without paying fees only if the complaint shows that the prisoner faced an immediate danger of serious physical injury when the complaint was filed. The court found that Bonilla’s allegations did not show such a danger. He therefore could not proceed without paying the filing fees.

The court further stated that, even if a fee-waiver application were granted, the lawsuits would be barred by legal rules identified in the opinion, including rules concerning challenges to criminal convictions, interference with ongoing state proceedings, and certain claims against federal judges or courts.

The court also rejected the suggestion that the judge’s impartiality could reasonably be questioned merely because Bonilla had filed repetitive and frivolous cases, including two cases naming the judge as a defendant. The opinion stated that, absent legitimate reasons for disqualification, a judge has a duty to handle assigned cases.

Disposition

The court dismissed the cases with prejudice. The clerk was ordered to terminate all pending motions and close the cases. The clerk was also ordered to return, without filing, any further documents Bonilla submitted in the closed cases.