Bonilla v. Scanlon ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEVEN WAYNE BONILLA, Case Nos. 20-cv-02986-PJH Plaintiffs, 20-cv-02987-PJH 8 20-cv-02993-PJH v. 20-cv-02996-PJH 9 20-cv-03009-PJH 10 20-cv-03011-PJH Defendants. 20-cv-03012-PJH 11 20-cv-03561-PJH 20-cv-03655-PJH 12 20-cv-03657-PJH 20-cv-03658-PJH 13 14 ORDER DISMISSING MULTIPLE 15 CASES WITH PREJUDICE 16 17 Plaintiff, a state prisoner, has filed multiple pro se civil rights complaints under 42 18 U.S.C. § 1983. He also seeks to proceed in forma pauperis (IFP) in these cases. 19 Plaintiff is a condemned prisoner who also has a pending federal habeas petition in this 20 court with appointed counsel. See Bonilla v. Ayers, Case No. 08-0471 YGR. Plaintiff is 21 also represented by counsel in state court habeas proceedings. See In re Bonilla, Case 22 No. 20-2986 PJH, Docket No. 1 at 7 23 In these civil rights cases plaintiff names as defendants’ various federal judges, 24 state judges, municipalities and other state and county officials. Plaintiff presents very 25 similar claims in all these cases. He seeks relief regarding his underlying conviction or 26 how his various pro se habeas petitions were handled by the state and federal courts. 27 Plaintiff has been disqualified from proceeding IFP under 28 U.S.C. § 1915(g) 1 complaint. 28 U.S.C. 1915(g); In re Steven Bonilla, Case No. 11-3180 CW; Bonilla v. 2 || Dawson, Case No. 13-0951 CW. 3 The allegations in these complaints do not show that plaintiff was in imminent 4 || danger at the time of filing. Therefore, he may not proceed IFP. Moreover, even if an 5 IFP application were granted, his lawsuits would be barred under Heck v. Humphrey, 512 6 || U.S. 477, 486-87 (1994), Younger v. Harris, 401 U.S. 37, 43-54 (1971), Demos v. U.S. 7 District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991) or Mullis v. U.S. Bankruptcy Court, 8 || 828 F.2d 1385, 1393 (9th Cir. 1987). Accordingly, the cases are dismissed with 9 || prejudice. 10 The clerk shall terminate all pending motions and close these cases. The clerk 11 shall return, without filing, any further documents plaintiff submits after these cases are 2 closed. 13 IT IS SO ORDERED. |) Dated: June 11, 2020 16 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 17 United States District Judge Z 18 19 20 21 22 23 24 25 26 27 28