Bonilla v. Rolefson

Filing 3

ORDER OF DISMISSAL; TERMINATING ALL PENDING MOTIONS. Signed by Judge Claudia Wilken on 6/16/2011. (ndr, COURT STAFF) (Filed on 6/16/2011)

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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,

Nos. C 11-2808 CW (PR)
C 11-2823 CW (PR)
C 11-2824 CW (PR)

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Plaintiff.
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ORDER OF DISMISSAL;
TERMINATING ALL PENDING
MOTIONS

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Plaintiff Steven Bonilla has been sentenced to death by the

United States District Court
For the Northern District of California

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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

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

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accepted by this Court.

In particular, on February 16, 2011, the

(Docket no. 34.)

Additionally, the 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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pro se motions filed by Plaintiff in C 08-0471.

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Court wrote:

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United States District Court
For the Northern District of California

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(Id.)

On March 29, 2011, the Court denied several more
In doing so, the

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.)
Most recently, Plaintiff filed thirteen pro se civil rights

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actions under 42 U.S.C. § 1983.

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an Order dismissing all of said actions for the reason none of the

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allegations in Plaintiff's complaints stated a claim for relief

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under § 1983.

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lawfulness of confinement or its duration can be addressed only by

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way of habeas corpus, the Court concluded as follows:

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On June 13, 2011, the Court issued

After explaining to Plaintiff that challenges to the

Here, in an apparent attempt to circumvent this Court's
prior admonition to Plaintiff that no further filings
regarding CR 88–259 MISC AJZ would be accepted by the
Court and that additional unripe pro se motions in C 080471 would be denied, Plaintiff has filed the instant
civil rights complaints in which he seeks access to
certain discovery, witness testimony, declarations and
other information that he claims would render his death
penalty conviction invalid, including information
regarding CR 88-259 MISC AJZ. Because all of Plaintiff's
civil rights complaints seek relief that must be pursued
by way of habeas corpus, all of the instant civil rights
actions are hereby DISMISSED without prejudice to
Plaintiff's bringing his claims in a federal habeas
petition. See Trimble v. City of Santa Rosa, 49 F.3d
583, 586 (9th Cir. 1995). Plaintiff is reminded,
however, that he must heed the Court's prior admonitions
before filing additional pro se matters in C 08-0471.

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Order of Dismissal at 2:28-3:15.
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Now pending before the Court are three new pro se civil rights

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actions filed by Plaintiff.

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civil rights actions, these actions seek access to information that

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would render Plaintiff's death penalty conviction invalid.

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Accordingly, the actions are hereby DISMISSED without prejudice to

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

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Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995).

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Additionally, because the Court has determined that none of

As with Plaintiff's thirteen previous

See

the instant civil rights complaints can proceed as a civil rights

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United States District Court
For the Northern District of California

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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: 6/16/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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STEVEN W BONILLA,

Case Number: CV11-02808 CW(PR)
CV11-2823 CW (PR)
CV11-2824 CW (PR)

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Plaintiff,
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v.
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QUINTIN L SMITH et al,

CERTIFICATE OF SERVICE

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Defendant.
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United States District Court
For the Northern District of California

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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 16, 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 J-48500
San Quentin State Prison
San Quentin, CA 94964

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Dated: June 16, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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