Bonilla v. Ayers

Filing 15

ORDER. Signed by Judge Claudia Wilken on 11/29/2010. (ndr, COURT STAFF) (Filed on 11/29/2010)

Bonilla v. Ayers

Doc. 15

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner Steven Bonilla has been sentenced to death by the Superior Court of California for the County of Alameda. Although Steven W. BONILLA, Petitioner, v. Vincent CULLEN, Acting Warden of San Quentin State Prison, Respondent. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case Number 08-0471 CW DEATH PENALTY CASE Case Number CR 88-259 MISC AJZ ORDER

his state habeas case is currently being litigated, he has filed a "protective petition" in this Court pursuant to Pace v. DiGuglielmo, 544 U.S. 408 (2005). Pursuant to Habeas Local Rule 2254-25, this Court earlier granted his request for appointment of counsel and referred this action to the Northern District's Selection Board for the recommendation of qualified counsel to represent Petitioner in these proceedings. Pursuant to Habeas Local Rule 2254-24(a),

Petitioner's concurrent request for a stay of execution was also

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granted. On July 15, 2010, Petitioner filed a pro se pleading containing numerous requests and motions. Pursuant to an order

filed July 22, 2010, all of Petitioner's requests and motions were DENIED. 23, 2010. Petitioner filed another pro se pleading on July

Pursuant to an order filed July 26, 2010, all of

Petitioner's requests and motions were DENIED. Petitioner has since filed three more pro se pleadings in this matter, one a "Letter of Request" (filed November 18, 2010); one entitled "Damage Control Caused by the Conspiracy to Obstruct Justice" (filed November 22, 2010); and one "Requesting Ruling on Court Order Obtained Under False Pretense" (filed November 23, 2010). As were various issues in Petitioner's previous pleadings, the issues raised by Petitioner in his pleadings of November 18 and 22, 2010 are not ripe for this Court to consider. Among

other things, Petitioner's state habeas matter is still pending in the state court. Thus, the Court DENIES Petitioner's requests

in his pleadings of November 18 and 22, 2010 in full, including his request that this Court vacate his convictions. Petitioner's most recent pleading, filed November 23, 2010, concerns CR 88-259 MISC AJZ, a closed case. In this request,

Petitioner asks that this Court vacate an order filed August 15, 1988 in CR 88-259. According to Petitioner, the order in

question mandated the disclosure of certain grand jury information. The judge assigned to that case being no longer

available, the General Duty Judge referred the request to the undersigned. 2

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As with the issues raised in Petitioner's other recent pleadings, the issues in this request are not ripe for this Court to consider. In addition, Petitioner has not demonstrated good

cause for his request to vacate an order issued more than twenty years ago. For the foregoing reasons, all of Petitioner's requests and motions contained in his pleadings of November 18, 22 and 23, 2010 are DENIED. IT IS SO ORDERED.

DATED:

________________ 11/29/2010

__________________________________ CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEVEN W. BONILLA, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-00471 CW CERTIFICATE OF SERVICE

ROBERT AYERS JR. 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 November 29, 2010, 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.

California Appellate Project Federal Court Docketing 101 Second Street Suite 600 San Francisco, CA 94105 Habeas Corpus Resource Center 303 Second Street, Suite 400 South San Francisco, CA 94107 Steven W. Bonilla J-48500 CSP-San Quentin CA State Prison at San Quentin San Quentin, CA 94974 Dated: November 29, 2010 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk

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