Bonilla v. Nickerson

Filing 3

ORDER OF DISMISSAL;TERMINATING ALL PENDING MOTIONS. Signed by Judge Claudia Wilken on 6/13/2011. (ndr, COURT STAFF) (Filed on 6/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE STEVEN BONILLA,

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Plaintiff.
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ORDER OF DISMISSAL;
TERMINATING ALL PENDING
MOTIONS

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Nos. C
C
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11-2612
11-2613
11-2614
11-2615
11-2617
11-2637
11-2650
11-2654
11-2655
11-2656
11-2657
11-2681
11-2707

CW
CW
CW
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CW
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CW
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CW

(PR)
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United States District Court
For the Northern District of California

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Plaintiff Steven Bonilla has been sentenced to death by the

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Superior Court of California for the County of Alameda.

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incarcerated at San Quentin State Prison.

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habeas case currently is being litigated, he filed a request for

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appointment of counsel for his future federal habeas litigation in

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this Court.

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to Habeas Local Rule 2254-25, this Court granted his request for

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appointment of counsel and referred the matter to the Northern

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District’s Selection Board for the recommendation of qualified

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counsel to represent Plaintiff in his federal habeas proceedings.

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Additionally, pursuant to Habeas Local Rule 2254-24(a), the Court

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granted Plaintiff's concurrent request for a stay of execution.

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(Docket no. 3.)

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He is

Although his State

See Bonilla v. Ayers, No. C 08-0471 CW (PR).

Pursuant

Although Plaintiff's State habeas case is pending, Plaintiff

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has filed numerous pro se requests and motions in C 08-0471.

All

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of the requests and motions have been denied by this Court or

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withdrawn by Plaintiff.

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Court issued an Order telling Plaintiff that no further filings

In particular, on February 16, 2011, the

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regarding CR 88-259 MISC AJZ (Grand Jury proceedings) would be

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accepted by this Court.

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dismissed with prejudice In re: Steven Wayne Bonilla, No. C 11-0441

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CW (PR), a pro se complaint filed by Plaintiff regarding CR 88-259

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MISC AJZ.

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denied several more pro se motions filed by Plaintiff in C 08-0471.

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In doing so, the Court wrote:

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United States District Court
For the Northern District of California

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(Id.)

(Docket no. 34.)

Additionally, the Court

Most recently, on March 29, 2011, the Court

As this Court has stated multiple times, Petitioner’s
state habeas case is still pending in the state court.
The Court reiterates to Petitioner that challenges to his
state trial conviction must be reviewed by the state
courts before being considered by the federal court.
Until that time, Petitioner’s various claims in his pro
se pleadings are not ripe for this Court to consider.
(Docket no. 54 at 2:16-22.)
Now pending before the Court are thirteen civil rights actions

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filed by Plaintiff pro se under 42 U.S.C. § 1983.

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allegations in Plaintiff's complaints, however, states a claim for

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relief under § 1983.

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relief on complaints related to imprisonment: a petition for habeas

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corpus, 28 U.S.C. § 2254, and a complaint under the Civil Rights

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Act of 1871, Rev. Stat. § 1979, as amended, 42 U.S.C. § 1983.

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Challenges to the lawfulness of confinement or to particulars

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affecting its duration are the province of habeas corpus.'"

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v. McDonough, 547 U.S. 573, 579 (2006) (quoting Muhammad v. Close,

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540 U.S. 749, 750 (2004)).

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maintains he is entitled to “immediate or speedier release” from

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confinement, such a claim may be asserted only in a petition for a

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writ of habeas corpus.

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1293 (2011)(internal citation and quotation omitted).

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None of the

"'Federal law opens two main avenues to

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Thus, to the extent a prisoner

See Skinner v. Switzer, 131 S. Ct. 1289,

Here, in an apparent attempt to circumvent this Court's prior
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admonition to Plaintiff that no further filings regarding CR 88–259

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MISC AJZ would be accepted by the Court and that additional unripe

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pro se motions in C 08-0471 would be denied, Plaintiff has filed

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the instant civil rights complaints in which he seeks access to

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certain discovery, witness testimony, declarations and other

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information that he claims would render his death penalty

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conviction invalid, including information regarding CR 88-259 MISC

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AJZ.

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relief that must be pursued by way of habeas corpus, all of the

Because all of Plaintiff's civil rights complaints seek

United States District Court
For the Northern District of California

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instant civil rights actions are hereby DISMISSED without prejudice

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to Plaintiff's bringing his claims in a federal habeas petition.

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See Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir.

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1995).

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Court's prior admonitions before filing additional pro se matters

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in C 08-0471.

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Plaintiff is reminded, however, that he must heed the

Additionally, because the Court has determined that none of

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the instant civil rights complaints can proceed as a civil rights

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action but, instead, must be dismissed, the Clerk of the Court is

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hereby DIRECTED to terminate, in each action, Plaintiff's pending

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motion to proceed in forma pauperis.

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No filing fee is due.

The Clerk of the Court shall enter judgment in each of the

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above civil rights actions, terminate all pending motions therein,

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and close the files.

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of this Order in C 08-0471.

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IT IS SO ORDERED.

The Clerk of the Court also shall file a copy

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Dated: 6/13/2011
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CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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IN RE STEVEN BONILLA,
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Case Number: C
C
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C

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CERTIFICATE OF SERVICE

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United States District Court
For the Northern District of California

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11-2612
11-2613
11-2614
11-2615
11-2617
11-2637
11-2650
11-2654
11-2655
11-2656
11-2657
11-2681
11-2707

CW
CW
CW
CW
CW
CW
CW
CW
CW
CW
CW
CW
CW

(PR)
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(PR)
(PR)
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(PR)
(PR)

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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 13, 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.

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Steven Wayne Bonilla
San Quentin State Prison
Prisoner No. J-48500
San Quentin, CA 94974

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Dated: June 13, 2011
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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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