Bonilla

Background

Steven Wayne Bonilla, a state inmate representing himself, filed a document concerning representation by court-appointed counsel. He argued that the California Supreme Court’s decision in In re Barnett unconstitutionally violated his First Amendment right to seek relief from the government. The clerk treated the filing as a petition asking for a court order directing another court or official to act.

Court’s reasoning

The court explained that Barnett generally prevents capital inmates represented by counsel from filing their own submissions concerning the legality of a death judgment, but it creates an exception for a self-represented motion about the inmate’s legal representation. The court said Bonilla’s concerns about his representation in his state criminal proceedings and federal habeas proceedings could therefore be raised in his pending habeas case, identified by docket number 08-0471 YGR, rather than in a separate petition.

The court also held that it lacked authority to issue orders to a state court or to another federal district court. It further concluded that this was not a case in which the judge’s impartiality could reasonably be questioned.

Disposition

The court dismissed the petition with prejudice. It ordered the clerk to close the case, terminate all pending motions, and return without filing any further documents Bonilla submitted after the case closed. Judge Vince Chhabria signed the order.