Bonilla v. County Clerk's Office ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEVEN WAYNE BONILLA, Case Nos. 21-cv-08636-PJH Plaintiff, 21-cv-08638-PJH 8 21-cv-08888-PJH 9 v. ORDER DISMISSING MULTIPLE 10 CASES WITH PREJUDICE COUNTY RECORDER’S OFFICE, et. 11 al., Defendants. 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 very similar claims in these actions. 1 He seeks relief regarding 19 his underlying conviction or how his other cases were handled by the state and federal 20 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 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: December 8, 2021 12 13 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27