Bonilla

Opinion

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 STEVEN WAYNE BONILLA, Case Nos. 22-cv-4316-PJH Plaintiff, 22-cv-4347-PJH 6

v. 7

8 CALIFORNIA ATTORNEY GENERAL ORDER DISMISSING MULTIPLE 9 et. al., CASES WITH PREJUDICE Defendants. 10

11 Plaintiff, a state prisoner, has filed multiple pro se civil rights complaints under 42 12 U.S.C. § 1983. Plaintiff is a condemned prisoner who also has a pending federal habeas 13 petition in this court with appointed counsel. See Bonilla v. Ayers, Case No. 08-0471 14 YGR. Plaintiff is also represented by counsel in state court habeas proceedings. See In 15 re Bonilla, Case No. 20-2986 PJH, Docket No. 1 at 7. 16 Plaintiff presents nearly identical claims in these actions. He names as 17 defendants several state officials and seeks relief regarding his underlying conviction or 18 how his other cases were handled by the state and federal courts. 19 To the extent that plaintiff seeks to proceed in forma pauperis (IFP) in these cases, 20 he has been disqualified from proceeding IFP under 28 U.S.C. § 1915(g) unless he is 21 “under imminent danger of serious physical injury” at the time he filed his complaint. 28 22 U.S.C. 1915(g); In re Steven Bonilla, Case No. 11-3180 CW; Bonilla v. Dawson, Case 23 No. 13-0951 CW. 24 The allegations in these complaints do not show that plaintiff was in imminent 25 danger at the time of filing. Therefore, he may not proceed IFP. Moreover, even if an 26 IFP application were granted, his lawsuits would be barred under Heck v. Humphrey, 512 27 1 District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991) or Mullis v. U.S. Bankruptcy Court, 2 828 F.2d 1385, 1393 (9th Cir. 1987). Accordingly, the cases are dismissed with 3 prejudice. 4 The clerk shall terminate all pending motions and close these cases. The clerk 5 shall return, without filing, any further documents plaintiff submits in these closed cases. 6 IT IS SO ORDERED. 7 Dated: July 29, 2022 8 9 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 10 United States District Judge 11

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