Bonilla v. Ayers

Filing 190

ORDER by Judge Claudia Wilken DENYING PETITIONER'S 164 MOTION TO VACATE JUDGMENT. (ndr, COURT STAFF) (Filed on 12/29/2014) Modified on 12/29/2014 (cpS, COURT STAFF).

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 OAKLAND DIVISION 8 9 STEVEN W. BONILLA, Case Number C 08-471 CW DEATH PENALTY CASE 10 Petitioner, 11 v. 12 13 ORDER DENYING PETITIONER’S MOTION TO VACATE JUDGMENT RON DAVIS, Acting Warden of San Quentin State Prison, 14 Respondent. 15 16 17 Petitioner Steven Bonilla has been sentenced to death by the 18 Superior Court of California for the County of Alameda. 19 January 22, 2008, while his state habeas case was still being 20 litigated, Bonilla filed a request for appointment of counsel for 21 his future federal habeas litigation in this Court, under case 22 number C-08-471 CW. 23 Court granted his request for appointment of counsel and referred 24 this action to the Northern District’s Selection Board for the 25 recommendation of qualified counsel to represent Petitioner in 26 these proceedings. 27 28 On Pursuant to Habeas Local Rule 2254-25, this On May 2, 2012, this Court issued an order staying all proceedings in this matter until appointment of counsel to represent Petitioner, and on May 23, 2012, this Court denied 1 Petitioner’s request to represent himself in these proceedings. 2 On July 25, 2012, this Court issued an order appointing the 3 Office of the Federal Public Defender for the District of Nevada 4 to represent Petitioner and lifting the stay in this matter. 5 Despite the appointment of counsel, Petitioner has continued 6 to file numerous pro se pleadings, including the pending motion 7 to vacate the judgment. 8 previously held, any motions on Petitioner’s behalf should be 9 brought by his counsel. Accordingly, his pending pro se motion is 10 DENIED. See Docket No. 164. As this Court has The Clerk of Court shall terminate the motion. 11 12 IT IS SO ORDERED. 13 14 15 16 DATED: 12/29/2014 ________________ __________________________________ CLAUDIA WILKEN United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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