Bonilla v. Ayers

Filing 110

ORDER of dismissal of actions C-12-360, C-12-388, C12-976 and that this order be also filed in this action C-08-471-CW.. Signed by Judge Claudia Wilken on 4/11/2012. (cp, COURT STAFF) (Filed on 4/11/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 IN RE STEVEN BONILLA, Nos. C 12-0360 CW (PR) C 12-0388 CW (PR) C 12-0976 CW (PR) 4 Plaintiff. 5 / ORDER OF DISMISSAL 6 7 8 In 2011, Plaintiff filed thirty-six pro se civil rights 9 actions in this Court, and two other civil rights actions he had United States District Court For the Northern District of California 10 filed in state court were removed to this Court. 11 so far, filed seven new civil rights actions. 12 on its initial review of Plaintiff's complaints pursuant to 28 13 U.S.C. § 1915A, has dismissed all thirty-eight of the 2011 actions 14 and three of the 2012 actions for the reason that the allegations 15 in the complaints do not state a claim for relief under § 1983, 16 either because Plaintiff seeks relief that can be pursued only in a 17 habeas corpus action or because his allegations fail to state a 18 claim upon which relief may be granted. 19 dismissed a number of Plaintiff's actions because they are 20 duplicative of actions previously reviewed and dismissed by the 21 Court. 22 In 2012, he has, To date, the Court, In addition, the Court has The present three actions are subject to dismissal for the 23 same reasons discussed above, i.e., they seek relief not available 24 under § 1983 and are duplicative of actions previously reviewed and 25 dismissed by the Court. 26 without leave to amend and with prejudice. 27 28 Accordingly, these actions are DISMISSED Plaintiff seeks leave to proceed in forma pauperis in these actions. The Court previously informed Plaintiff that, in 1 accordance with 28 U.S.C. § 1915(g), he no longer qualifies to 2 proceed in forma pauperis in any civil rights action he files in 3 this Court. 4 (PR), Order of Dismissal at 6:23-7:19. 5 provide Plaintiff with the option of paying, in full, the $350.00 6 filing fee for each action because each action is without legal 7 merit. 8 9 See In re Steven Bonilla, Nos. C 11-3180, et seq. CW The Clerk of the Court shall enter judgment in each of these civil rights actions, terminate all pending motions therein, and 10 United States District Court For the Northern District of California Further, the Court will not close the files. 11 this Order in C 08-0471. The Clerk of the Court also shall file a copy of 12 IT IS SO ORDERED. 13 Dated: 4/11/2012 14 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STEVEN W. BONILLA, Case Number: CV12-00360 CW Plaintiff, CERTIFICATE OF SERVICE v. JON GOODFELLOW et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 11, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Steven Wayne Bonilla J-48500 San Quentin State Prison San Quentin, CA 94964 Dated: April 11, 2012 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk

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