Bonilla v. Smith

Background

Steven Wayne Bonilla, a state prisoner, filed multiple civil-rights complaints under 42 U.S.C. § 1983 while representing himself. The complaints were nearly identical. They named various federal judges, state judges, state courts, and law-enforcement officials as defendants. The opinion says Bonilla sought relief concerning his underlying conviction or the way his state and federal cases had been handled.

The opinion also notes that Bonilla is a condemned prisoner with a pending federal petition challenging his custody in the same court, where he has appointed counsel. It further states that he is represented by counsel in state-court proceedings.

Court’s Analysis

The court held that Bonilla was disqualified from proceeding without paying the filing fee 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 additionally stated that, even if an application to proceed without paying fees were granted, the lawsuits would be barred under the legal rules and decisions identified in the order, including rules concerning challenges to criminal convictions, ongoing state proceedings, claims that cannot proceed in this form, and challenges to federal judicial proceedings. The court also rejected the suggestion that the repetitive and allegedly frivolous filings created a reasonable basis to question the assigned judge’s impartiality.

Ruling and Effect

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 additional documents Bonilla submitted in those closed cases. The opinion also states that Bonilla had an extensive history of filing similar cases.