Bonilla v. White

Background

Steven Wayne Bonilla filed multiple nearly identical civil-rights complaints under 42 U.S.C. § 1983 without a lawyer. The complaints named various federal and state judges as defendants. Bonilla sought relief concerning his underlying conviction or the way his other state and federal court cases had been handled. The opinion also states that he was a condemned prisoner, had a pending federal challenge to his conviction, and was represented by counsel in state-court proceedings concerning that challenge.

Filing-fee status and legal barriers

The court stated that Bonilla had previously been disqualified under 28 U.S.C. § 1915(g) from proceeding without paying the filing fee unless he showed that he was in imminent danger of serious physical injury when he filed the complaint. The court found that the allegations did not show such danger. It 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 decisions cited in the order, including rules concerning challenges to criminal convictions, ongoing state proceedings, and limits on federal lawsuits against judges.

Recusal issue

The court also addressed the fact that Bonilla named the presiding judge as a defendant in three of the cases. It concluded that these cases did not present a situation in which the judge’s impartiality could reasonably be questioned merely because of the repetitive and frivolous nature of the filings.

Disposition

The court dismissed the cases with prejudice. The clerk was directed 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.