Bonilla v. Clay

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 STEVEN WAYNE BONILLA, Case Nos. 20-cv-08226-PJH Plaintiff, 20-cv-08327-PJH 7 v. 8 ORDER DISMISSING MULTIPLE 9 JUDGE CLARENCE DON CLAY, et. al., CASES WITH PREJUDICE Defendants. 10

11 12 Plaintiff, a state prisoner, has filed multiple pro se civil rights complaints under 42 13 U.S.C. § 1983. Plaintiff is a condemned prisoner who also has a pending federal habeas 14 petition in this court with appointed counsel. See Bonilla v. Ayers, Case No. 08-0471 15 YGR. Plaintiff is also represented by counsel in state court habeas proceedings. See In 16 re Bonilla, Case No. 20-2986 PJH, Docket No. 1 at 7. 17 In these civil rights cases plaintiff names as defendants’ various state court judges. 18 Plaintiff presents very similar claims in these cases. He seeks relief regarding his 19 underlying conviction or how his various pro se habeas petitions and other cases were 20 handled by the state and federal courts. 21 To the extent that plaintiff seeks to proceed in forma pauperis (IFP) in these cases, 22 he has been disqualified from proceeding IFP under 28 U.S.C. § 1915(g) unless he is 23 “under imminent danger of serious physical injury” at the time he filed his complaint. 28 24 U.S.C. 1915(g); In re Steven Bonilla, Case No. 11-3180 CW; Bonilla v. Dawson, Case 25 No. 13-0951 CW. 26 The allegations in these complaints do not show that plaintiff was in imminent 27 danger at the time of filing. Therefore, he may not proceed IFP. Moreover, even if an 1 U.S. 477, 486-87 (1994), Younger v. Harris, 401 U.S. 37, 43-54 (1971), Demos v. U.S. 2 District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991) or Mullis v. U.S. Bankruptcy Court, 3 828 F.2d 1385, 1393 (9th Cir. 1987). Accordingly, the cases are dismissed with 4 prejudice. 5 The clerk shall terminate all pending motions and close these cases. The clerk 6 shall return, without filing, any further documents plaintiff submits in these closed cases. 7 IT IS SO ORDERED. 8 Dated: December 1, 2020 9 10 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27