Bonilla v. Ayers

Filing 156

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS; DISMISSING ACTION; TERMINATING ALL PENDING MOTIONS in case no. C 14-2395 CW. Signed by Judge Claudia Wilken on 6/23/2014. (ndr, COURT STAFF) (Filed on 6/23/2014)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 STEVEN WAYNE BONILLA, 5 ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS; DISMISSING ACTION; TERMINATING ALL PENDING MOTIONS Plaintiff, 6 v. 7 8 United States District Court Northern District of California 9 Case No.: 14-2395 CW (PR) JEFFREY BEARD, Director of California Department of Corrections and Rehabilitation, Defendant. 10 11 12 Plaintiff Steven Wade Bonilla, a state prisoner incarcerated 13 at San Quentin State Prison (SQSP) and a frequent litigator in 14 this Court, has filed this pro se action for a writ of mandamus. 15 He also seeks leave to proceed in forma pauperis (IFP). 16 Before the Court reviews the complaints, it addresses a 17 preliminary matter. 18 entitled, “Peremptory Challenges,” in which he seeks to recuse 19 the undersigned judge on the ground of prejudice against him. 20 Because this document does not satisfy the requirements for 21 recusal of a judge listed in 28 U.S.C. § 144 or 28 U.S.C. § 455, 22 the request for recusal is denied. 23 Plaintiff has also filed a document In this petition for a writ of mandate, Plaintiff challenges 24 SQSP’s practice of placing in solitary confinement Grade A 25 inmates sentenced to death who are still litigating their 26 appeals. 27 dismissed. 28 For the following reasons, this action must be On October 25, 2011, the Court informed Plaintiff that, in 1 accordance with 28 U.S.C. § 1915(g), he no longer qualifies to 2 proceed IFP in any civil action he files in this Court. 3 re Steven Bonilla, No. C 11-3180 CW (PR), Order of Dismissal at 4 6:23-7:19. 5 Plaintiff may proceed IFP if he “is under imminent danger of 6 serious physical injury.” 7 8 9 See In The sole exception to this restriction is that 28 U.S.C. § 1915(g). The plain language of the imminent danger clause in § 1915(g) indicates that “imminent danger” is to be assessed at the time of filing of the complaint. Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th United States District Court Northern District of California 10 Cir. 2007). 11 In this action, Plaintiff has not alleged facts that show he 12 was in imminent danger of serious physical injury at the time he 13 filed it. The fact that Plaintiff, a death row inmate, is in 14 15 16 17 18 solitary confinement while his appeal is pending does not place him in imminent danger of serious physical injury. Therefore, this action must be dismissed under 28 U.S.C. § 1915(g). This action also must be dismissed because this Court lacks 19 authority to issue mandamus to direct state officials in the 20 performance of their duties; a petition for a writ of mandamus 21 compelling a state official to take or refrain from taking some 22 action is frivolous as a matter of law. 23 Dist. Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991). 24 Demos v. United States CONCLUSION 25 Based on the foregoing, the Court orders as follows: 26 1. Plaintiff’s request for recusal is denied. 27 2. Plaintiff’s request to proceed IFP is DENIED and this 28 2 1 action is DISMISSED. 2 the option of paying, in full, the $400.00 filing fee for this 3 action because it is without legal merit. 4 5 3. The Clerk of the Court shall terminate all pending motions, enter judgment and close the file. 6 7 8 The Court will not provide Plaintiff with 4. The Clerk shall file a copy of this Order in C 08-0471 CW. IT IS SO ORDERED. 9 United States District Court Northern District of California 10 Dated: 6/23/2014 ________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STEVEN BONILLA, Case Number: CV14-02395 CW Plaintiff, CERTIFICATE OF SERVICE v. JEFFREY BEARD 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 June 23, 2014, 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: June 23, 2014 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?