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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN WAYNE BONILLA,
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ORDER DENYING LEAVE TO PROCEED
IN FORMA PAUPERIS; DISMISSING
ACTION; TERMINATING ALL PENDING
MOTIONS

Plaintiff,
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v.
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United States District Court
Northern District of California

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Case No.: 14-2395 CW (PR)

JEFFREY BEARD, Director of
California Department of
Corrections and Rehabilitation,
Defendant.

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Plaintiff Steven Wade Bonilla, a state prisoner incarcerated

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at San Quentin State Prison (SQSP) and a frequent litigator in

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this Court, has filed this pro se action for a writ of mandamus.

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He also seeks leave to proceed in forma pauperis (IFP).

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Before the Court reviews the complaints, it addresses a

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preliminary matter.

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entitled, “Peremptory Challenges,” in which he seeks to recuse

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the undersigned judge on the ground of prejudice against him.

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Because this document does not satisfy the requirements for

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recusal of a judge listed in 28 U.S.C. § 144 or 28 U.S.C. § 455,

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the request for recusal is denied.

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Plaintiff has also filed a document

In this petition for a writ of mandate, Plaintiff challenges

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SQSP’s practice of placing in solitary confinement Grade A

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inmates sentenced to death who are still litigating their

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appeals.

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dismissed.

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For the following reasons, this action must be

On October 25, 2011, the Court informed Plaintiff that, in

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accordance with 28 U.S.C. § 1915(g), he no longer qualifies to

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proceed IFP in any civil action he files in this Court.

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re Steven Bonilla, No. C 11-3180 CW (PR), Order of Dismissal at

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6:23-7:19.

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Plaintiff may proceed IFP if he “is under imminent danger of

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serious physical injury.”

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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

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Cir. 2007).
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In this action, Plaintiff has not alleged facts that show he
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was in imminent danger of serious physical injury at the time he
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filed it.

The fact that Plaintiff, a death row inmate, is in

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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

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authority to issue mandamus to direct state officials in the

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performance of their duties; a petition for a writ of mandamus

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compelling a state official to take or refrain from taking some

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action is frivolous as a matter of law.

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Dist. Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991).

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Demos v. United States

CONCLUSION

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Based on the foregoing, the Court orders as follows:

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1. Plaintiff’s request for recusal is denied.

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2. Plaintiff’s request to proceed IFP is DENIED and this

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action is DISMISSED.

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the option of paying, in full, the $400.00 filing fee for this

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action because it is without legal merit.

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3. The Clerk of the Court shall terminate all pending
motions, enter judgment and close the file.

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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.

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United States District Court
Northern District of California

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Dated: 6/23/2014
________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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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