Bonilla v. Federal Bureau of Investigation

Opinion

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 STEVEN WAYNE BONILLA, Case Nos. 22-cv-3671-PJH Plaintiff, 22-cv-3767-PJH 6 22-cv-4214-PJH v. 7 22-cv-4215-PJH 8 22-cv-4216-PJH ADRIENNE L. COLEMAN, et. al., 22-cv-4217-PJH 9 Defendants. 22-cv-4218-PJH 10

11 ORDER DISMISSING MULTIPLE CASES WITH PREJUDICE 12

13 Plaintiff, a state prisoner, has filed multiple pro se civil rights complaints under 42 14 U.S.C. § 1983. Plaintiff is a condemned prisoner who also has a pending federal habeas 15 petition in this court with appointed counsel. See Bonilla v. Ayers, Case No. 08-0471 16 YGR. Plaintiff is also represented by counsel in state court habeas proceedings. See In 17 re Bonilla, Case No. 20-2986 PJH, Docket No. 1 at 7. 18 Plaintiff presents nearly identical claims in these actions. He names as 19 defendants a federal judge, various state courts and several state and federal officials. 20 He seeks relief regarding his underlying conviction or how his other cases were handled 21 by the state and federal courts. 22 To the extent that plaintiff seeks to proceed in forma pauperis (IFP) in these cases, 23 he has been disqualified from proceeding IFP under 28 U.S.C. § 1915(g) unless he is 24 “under imminent danger of serious physical injury” at the time he filed his complaint. 28 25 U.S.C. 1915(g); In re Steven Bonilla, Case No. 11-3180 CW; Bonilla v. Dawson, Case 26 No. 13-0951 CW. 27 1 The allegations in these complaints do not show that plaintiff was in imminent 2 danger at the time of filing. Therefore, he may not proceed IFP. Moreover, even if an 3 IFP application were granted, his lawsuits would be barred under Heck v. Humphrey, 512 4 U.S. 477, 486-87 (1994), Younger v. Harris, 401 U.S. 37, 43-54 (1971), Demos v. U.S. 5 District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991) or Mullis v. U.S. Bankruptcy Court, 6 828 F.2d 1385, 1393 (9th Cir. 1987). Accordingly, the cases are dismissed with 7 prejudice. 8 The clerk shall terminate all pending motions and close these cases. The clerk 9 shall return, without filing, any further documents plaintiff submits in these closed cases. 10 IT IS SO ORDERED. 11 Dated: July 26, 2022 12 13 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 14 United States District Judge 15

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