Bonilla v. Freeman

Background

Steven Wayne Bonilla, identified as a state prisoner and a condemned prisoner, filed multiple similar civil-rights complaints under 42 U.S.C. § 1983 without a lawyer. He named various federal and state judges as defendants and sought relief concerning his underlying conviction or the handling of his other cases. The opinion also notes that he had a pending federal petition challenging his detention with appointed counsel and was represented by counsel in state-court proceedings.

Filing-fee status

The court stated that Bonilla had previously been disqualified from proceeding without paying the filing fee under the three-strikes rule in 28 U.S.C. § 1915(g), unless he showed that he faced an immediate danger of serious physical injury when he filed the complaint. The court found that the allegations did not show such danger. It therefore held that he could not proceed without paying the filing fee.

Other barriers identified by the court

The court further stated that, even if an application to proceed without paying the filing fee were granted, the lawsuits would be barred under the legal rules and precedents the court cited, including rules concerning challenges to criminal convictions, interference with ongoing proceedings, and attempts to obtain relief from other courts. The opinion does not provide a separate claim-by-claim analysis of those barriers.

Disposition

Judge Phyllis J. Hamilton dismissed the cases with prejudice. The clerk was ordered to terminate all pending motions and close the cases. The clerk was also directed to return, without filing, any further documents Bonilla submitted in the closed cases. The court separately addressed a request for the judge’s recusal and concluded that the repetitive and frivolous nature of the filings did not provide a basis to question the judge’s impartiality.