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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 IN RE STEVEN BONILLA, 4 Plaintiff. 5 / 6 7 8 ORDER OF DISMISSAL; TERMINATING ALL PENDING MOTIONS 9 Nos. C C C C C C C C C C C C C 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) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) United States District Court For the Northern District of California 10 11 Plaintiff Steven Bonilla has been sentenced to death by the 12 Superior Court of California for the County of Alameda. 13 incarcerated at San Quentin State Prison. 14 habeas case currently is being litigated, he filed a request for 15 appointment of counsel for his future federal habeas litigation in 16 this Court. 17 to Habeas Local Rule 2254-25, this Court granted his request for 18 appointment of counsel and referred the matter to the Northern 19 District’s Selection Board for the recommendation of qualified 20 counsel to represent Plaintiff in his federal habeas proceedings. 21 Additionally, pursuant to Habeas Local Rule 2254-24(a), the Court 22 granted Plaintiff's concurrent request for a stay of execution. 23 (Docket no. 3.) 24 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 25 has filed numerous pro se requests and motions in C 08-0471. All 26 of the requests and motions have been denied by this Court or 27 withdrawn by Plaintiff. 28 Court issued an Order telling Plaintiff that no further filings In particular, on February 16, 2011, the 1 regarding CR 88-259 MISC AJZ (Grand Jury proceedings) would be 2 accepted by this Court. 3 dismissed with prejudice In re: Steven Wayne Bonilla, No. C 11-0441 4 CW (PR), a pro se complaint filed by Plaintiff regarding CR 88-259 5 MISC AJZ. 6 denied several more pro se motions filed by Plaintiff in C 08-0471. 7 In doing so, the Court wrote: 8 9 United States District Court For the Northern District of California 10 11 12 13 (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 14 filed by Plaintiff pro se under 42 U.S.C. § 1983. 15 allegations in Plaintiff's complaints, however, states a claim for 16 relief under § 1983. 17 relief on complaints related to imprisonment: a petition for habeas 18 corpus, 28 U.S.C. § 2254, and a complaint under the Civil Rights 19 Act of 1871, Rev. Stat. § 1979, as amended, 42 U.S.C. § 1983. 20 Challenges to the lawfulness of confinement or to particulars 21 affecting its duration are the province of habeas corpus.'" 22 v. McDonough, 547 U.S. 573, 579 (2006) (quoting Muhammad v. Close, 23 540 U.S. 749, 750 (2004)). 24 maintains he is entitled to “immediate or speedier release” from 25 confinement, such a claim may be asserted only in a petition for a 26 writ of habeas corpus. 27 1293 (2011)(internal citation and quotation omitted). 28 None of the "'Federal law opens two main avenues to Hill 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 2 1 admonition to Plaintiff that no further filings regarding CR 88–259 2 MISC AJZ would be accepted by the Court and that additional unripe 3 pro se motions in C 08-0471 would be denied, Plaintiff has filed 4 the instant civil rights complaints in which he seeks access to 5 certain discovery, witness testimony, declarations and other 6 information that he claims would render his death penalty 7 conviction invalid, including information regarding CR 88-259 MISC 8 AJZ. 9 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 10 instant civil rights actions are hereby DISMISSED without prejudice 11 to Plaintiff's bringing his claims in a federal habeas petition. 12 See Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 13 1995). 14 Court's prior admonitions before filing additional pro se matters 15 in C 08-0471. 16 Plaintiff is reminded, however, that he must heed the Additionally, because the Court has determined that none of 17 the instant civil rights complaints can proceed as a civil rights 18 action but, instead, must be dismissed, the Clerk of the Court is 19 hereby DIRECTED to terminate, in each action, Plaintiff's pending 20 motion to proceed in forma pauperis. 21 No filing fee is due. The Clerk of the Court shall enter judgment in each of the 22 above civil rights actions, terminate all pending motions therein, 23 and close the files. 24 of this Order in C 08-0471. 25 IT IS SO ORDERED. The Clerk of the Court also shall file a copy 26 Dated: 6/13/2011 27 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 28 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 IN RE STEVEN BONILLA, 4 10 Case Number: C C C C C C C C C C C C C 11 CERTIFICATE OF SERVICE 5 / 6 7 8 United States District Court For the Northern District of California 9 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) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) (PR) 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 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. 16 17 18 19 Steven Wayne Bonilla San Quentin State Prison Prisoner No. J-48500 San Quentin, CA 94974 20 Dated: June 13, 2011 21 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 22 23 24 25 26 27 28 4

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