Bonilla v. Ayers

Filing 83

ORDER DENYING REQUESTS. Signed by Judge Claudia Wilken on 11/22/2011. (ndr, COURT STAFF) (Filed on 11/22/2011)

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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 08-0471 CW 10 DEATH PENALTY CASE 11 Petitioner, v. 12 13 MICHAEL MARTEL, Acting Warden of San Quentin State Prison, ORDER DENYING REQUESTS 14 15 Respondent. 16 17 Petitioner Steven Bonilla has been sentenced to death by the 18 Superior Court of California for the County of Alameda. Although 19 his state habeas case is currently being litigated, he has filed 20 a request for appointment of counsel for his future federal 21 habeas litigation in this Court. Pursuant to Habeas Local Rule 22 2254-25, this Court earlier granted his request for appointment 23 of counsel and referred this action to the Northern District’s 24 Selection Board for the recommendation of qualified counsel to 25 represent Petitioner in these proceedings. Pursuant to Habeas 26 Local Rule 2254-24(a), Petitioner’s concurrent request for a stay 27 of execution was also granted. 28 Although his state habeas case is still pending, Petitioner 1 has filed numerous pro se requests and motions in C 08-0471. 2 of them have denied by this Court or withdrawn by Petitioner. 3 Petitioner has also filed requests to proceed in forma pauperis, 4 which have been denied. 5 All Most recently, Petitioner has filed pleadings on October 20, 6 21, 24, 25, 26, 27, 31 and November 3, 8 and 9, 2011 primarily 7 relating to certain evidence he maintains is critical to his 8 habeas petition, and requesting a hearing regarding that 9 evidence. Challenges to Petitioner’s state trial conviction must 10 be reviewed by the state courts before being considered by the 11 federal court. 12 his pro se pleadings, including those in his most recent filings, 13 are not ripe for this Court to consider. Until that time, Petitioner’s various claims in 14 For the foregoing reasons, all of Petitioner’s pending 15 motions and requests (Docket Nos. 65-77, inclusive) are DENIED. 16 The Clerk of Court shall terminate all pending motions. 17 18 19 20 IT IS SO ORDERED. DATED: 11/22/2011 ________________ __________________________________ CLAUDIA WILKEN United States District Judge 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 10 Case Number: CV08-00471 CW STEVEN W. BONILLA, CERTIFICATE OF SERVICE Plaintiff, v. ROBERT AYERS JR. et al, Defendant. / 11 12 13 14 15 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 22, 2011, 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. 16 17 19 Steven W. Bonilla J-48500 CSP-San Quentin CA State Prison at San Quentin San Quentin, CA 94974 20 Dated: November 22, 2011 18 21 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 22 23 24 25 26 27 28 3

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