Bonilla v. Lloyd

Background

Steven Wayne Bonilla, a state prisoner described in the opinion as condemned, filed multiple civil-rights complaints under 42 U.S.C. § 1983 without a lawyer. The order covers the related cases listed in the caption. Bonilla also had a pending federal petition challenging his custody and was represented by counsel in state-court proceedings concerning such a petition.

The complaints presented nearly identical claims against various federal and state judges. Bonilla sought relief concerning his underlying conviction or the way his other cases had been handled by state and federal courts.

Court’s Analysis

The court addressed Bonilla’s ability to proceed without paying the 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 was in imminent danger of serious physical injury when the complaint was filed. The court found that Bonilla’s allegations did not show such a danger.

The court further stated that, even if an application to proceed without paying fees were granted, the lawsuits would be barred under the rules identified in the order, including rules concerning challenges to criminal convictions, interference with ongoing proceedings, and claims against federal judges or courts. The court also noted Bonilla’s extensive history of filing similar cases.

The court rejected the suggestion that the presiding judge’s impartiality could reasonably be questioned because of the repetitive and frivolous nature of the filings. The order stated that, absent legitimate reasons for recusal, a judge has a duty to decide assigned cases.

Disposition

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