Bonilla v. Ervine
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/25/18 ORDERING the Clerk of the Court shall randomly assign a U.S. District Judge to this action. Also, RECOMMENDING that this action be dismissed without leave to amend for failure to state a claim. Assigned and referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STEVEN WAYNE BONILLA,
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No. 2:18-cv-1354 AC P
Plaintiff,
v.
ORDER and
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CHARLES H. ERVINE, Superior Court Judge,
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Defendant.
FINDINGS AND RECOMMENDATIONS
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I.
Introduction
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Plaintiff is a state prisoner proceeding pro se with a civil rights complaint pursuant to 42
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U.S.C. § 1983. Plaintiff has neither paid the filing fee nor submitted a request to proceed in
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forma pauperis. This action is referred to the undersigned United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the reasons that follow, the
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undersigned recommends that this action be dismissed without leave to amend.
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II.
Screening of Plaintiff’s Complaint Under 28 U.S.C. § 1915A
A. Legal Standards for Screening Prisoner Complaints
The court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally
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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek
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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).
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A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v.
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Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir.
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1984).
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“A document filed pro se is ‘to be liberally construed,’ and ‘a pro se complaint, however
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inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by
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lawyers.’” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97,
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106 (1976) (internal quotation marks omitted)). See also Fed. R. Civ. P. 8(e) (“Pleadings shall be
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so construed as to do justice.”). Additionally, a pro se litigant is entitled to notice of the
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deficiencies in the complaint and an opportunity to amend, unless the complaint’s deficiencies
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cannot be cured by amendment. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987).
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B. Plaintiff’s Claims
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Plaintiff alleges that his Fourteenth Amendment rights were violated when defendant
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Ervine, a superior court judge, admitted inadmissible evidence. ECF No. 1 at 3-13. Plaintiff
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seeks the recusal or disqualification of defendant from any matters in which plaintiff appears, an
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order “vacat[ing] the void judgment,” and directing his immediate release from prison. Id. at 3,
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13.
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C. Analysis
i. Defendant Is Immune
“[I]n any action brought against a judicial officer [under Section 1983] for an act or
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omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a
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declaratory decree was violated or declaratory relief was unavailable.” 28 U.S.C. § 1983.
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Defendant’s putative ruling on the admissibility of evidence falls squarely within the scope of
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activity performed in his judicial capacity, and there is no indication that this action falls within
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Section 1983’s narrow exception to judicial immunity. Defendant Ervine is therefore immune
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from liability and the claims against him should be dismissed.
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ii. Failure to State Section 1983 Claim
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State prisoners may not attack the fact or length of their confinement in a Section 1983
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action and “habeas corpus is the appropriate remedy” for such claims. Preiser v. Rodriguez, 411
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U.S. 475, 490 (1973); Nettles v. Grounds, 830 F.3d 922, 930 (9th Cir. 2016) (holding that habeas
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corpus is “available only for state prisoner claims that lie at the core of habeas (and is the
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exclusive remedy for such claims), while Section 1983 is the exclusive remedy for state prisoner
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claims that do not lie at the core of habeas”). Here, plaintiff’s claims lie directly within the core
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of habeas corpus because he is challenging the validity of his continued confinement and a
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favorable determination would result in his speedier release. These allegations fail to state
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cognizable claims for relief under Section 1983 and should therefore be dismissed.
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The court declines to offer plaintiff the option to convert his claims to an action for habeas
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corpus relief. Habeas petitions may be filed in the district of confinement or conviction. See 28
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U.S.C. § 2241(d). Based on the information provided in the complaint and attachments,
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plaintiff’s claims relate to his capital conviction in Alameda County (id. at 6, 15-16, 24) and his
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current incarceration in Marin County, both of which are situated in the Northern District of
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California. See 28 U.S.C. § 84(a). Therefore, if plaintiff wishes to challenge his conviction or
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sentence, he will need to do so by filing a habeas petition in the United States District Court for
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the Northern District of California.
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iii. No Leave to Amend
Leave to amend should be granted if it appears possible that the defects in the complaint
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could be corrected, especially if a plaintiff is pro se. Lopez v. Smith, 203 F.3d 1122, 1130-31
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(9th Cir. 2000) (en banc); Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (“A pro se
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litigant must be given leave to amend his or her complaint, and some notice of its deficiencies,
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unless it is absolutely clear that the deficiencies of the complaint could not be cured by
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amendment.” (citing Noll, 809 F.2d at 1448)). However, if, after careful consideration, it is clear
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that a complaint cannot be cured by amendment, the court may dismiss the action without leave to
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amend. Cato, 70 F.3d at 1005-06.
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The undersigned finds, for the reasons explained above, that the complaint fails to state a
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claim upon which relief may be granted and that amendment would be futile. The complaint
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should therefore be dismissed without leave to amend.
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III.
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The undersigned recommends that your claims should be dismissed because, even if true,
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defendant is immune from suit under Section 1983. The court will not convert your complaint to
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a habeas petition because, if you want to bring a habeas petition, you need to file it in the United
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States District Court for the Northern District of California.
Plain Language Summary for Pro Se Litigant
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IV.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly
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Conclusion
assign a United States District Judge to this action.
FURTHER, IT IS HEREBY RECOMMENDED that this action be dismissed without
leave to amend for failure to state a claim.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14)
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days after being served with these findings and recommendations, plaintiff may file written
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objections with the court. Such a document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within
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the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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DATED: May 25, 2018
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