v. Bonilla ( 2023 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 STEVEN WAYNE BONILLA, Case Nos. 23-cv-0607-PJH Plaintiff, 23-cv-0608-PJH 7 23-cv-0611-PJH v. 8 9 ORDER DISMISSING MULTIPLE COURT CLERK’S OFFICE et. al., CASES WITH PREJUDICE 10 Defendants. 11 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 various courts and officials. He seeks relief regarding his underlying 20 conviction or how his other cases were 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 IFP application were granted, his lawsuits would be barred under Heck v. Humphrey, 512 2 U.S. 477, 486-87 (1994), Younger v. Harris, 401 U.S. 37, 43-54 (1971), Demos v. U.S. 3 District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991) or Mullis v. U.S. Bankruptcy Court, 4 828 F.2d 1385, 1393 (9th Cir. 1987). Accordingly, the cases are dismissed with 5 prejudice. 6 The clerk shall terminate all pending motions and close these cases. The clerk 7 shall return, without filing, any further documents plaintiff submits in these closed cases. 8 IT IS SO ORDERED. 9 Dated: February 22, 2023 10 11 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27