Bonilla v. Lloyd
Bonilla v. Lloyd
Trial Court Opinion
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 STEVEN WAYNE BONILLA, Case Nos. 21-cv-03302-PJH Plaintiff, 21-cv-03303-PJH 5 21-cv-03312-PJH v. 6 21-cv-03313-PJH
7 JUDGE YVONNE GONZALEZ- 21-cv-03804-PJH ROGERS, et. al., 21-cv-03805-PJH 8 Defendants. 9 ORDER DISMISSING MULTIPLE 10 CASES WITH PREJUDICE
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 federal judges 18 and the correctional officers’ association.1 Plaintiff presents very similar claims in these 19 actions. He seeks relief regarding his underlying conviction or how his 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 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 Furthermore, these are not cases in which the undersigned judge’s impartiality 9 might be reasonably questioned due to the repetitive and frivolous nature of the filings. 10 See United States v. Holland,
519 F.3d 909, 912(9th Cir. 2008) (absent legitimate 11 reasons to recuse himself or herself, a judge has a duty to sit in judgment in all cases 12 assigned to that judge). 13 The clerk shall terminate all pending motions and close these cases. The clerk 14 shall return, without filing, any further documents plaintiff submits in these closed cases. 15 IT IS SO ORDERED. 16 Dated: May 28, 2021 17 18 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 19 United States District Judge 20 21 22 23 24 25 26 27
Reference
- Status
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