Bonilla v. Baptist et al
Filing
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ORDER OF DISMISSAL; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Claudia Wilken on 11/22/2011. (ndr, COURT STAFF) (Filed on 11/22/2011)
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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
C
C
C
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Plaintiff.
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/
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11-5162
11-5163
11-5164
11-5165
CW
CW
CW
CW
(PR)
(PR)
(PR)
(PR)
ORDER OF DISMISSAL; GRANTING
LEAVE TO PROCEED IN FORMA
PAUPERIS
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United States District Court
For the Northern District of California
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Between June 1 and October 1, 2011, Plaintiff, a state
prisoner incarcerated at San Quentin State Prison, filed in this
Court thirty pro se civil rights actions under 42 U.S.C. § 1983.
The Court dismissed all of those actions because none of the
allegations in Plaintiff's complaints stated a claim for relief
under § 1983.
Moreover, in the most recent Order of Dismissal
filed on October 25, 2011, the Court expressly informed Plaintiff
that nine of his actions were being dismissed without leave to
amend for failure to state a claim upon which relief may be granted
and, as a result, Plaintiff will not be permitted to proceed in
forma pauperis in any future civil action he files in this Court,
as set forth in 28 U.S.C. § 1915(g).
See In re Steven Bonilla,
Nos. C 11-3180, et seq. CW (PR), Order of Dismissal at 6:23-7:19.
On October 21, 2011, four days prior to the Court's entry of
the above Order of Dismissal, Plaintiff filed the present four
civil rights actions under § 1983.
Thus, because the Court's
ruling that Plaintiff will be subject to the provisions of
§ 1915(g) was not yet final when Plaintiff filed the present
actions, § 1915(g) does not apply herein.
See Silva v. Di
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Vittorio, No. 08-15620, slip op. 18329, 18343 (9th Cir. Sept. 26,
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2011) (holding district court's dismissal of case does not count as
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strike under § 1915(g) until dismissal becomes final by virtue of
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prisoner's waiver or exhaustion of opportunity to appeal).
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Nevertheless, these actions are subject to dismissal.
A court
may dismiss a complaint or individual claims when the complaint or
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claims are duplicative of claims brought in another case.
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v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (holding
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in forma pauperis complaint that merely repeats pending or
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United States District Court
For the Northern District of California
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previously litigated claims may be considered abusive and
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dismissed); 28 U.S.C. § 1915A(b)(1) (allowing district courts to
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dismiss sua sponte prisoner actions that are frivolous).
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each of Plaintiff's actions raises claims that have been dismissed
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by this Court previously on the ground that they fail to state a
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claim for relief under § 1983.
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See Cato
Here,
Specifically, three of Plaintiff's present actions seek
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monetary damages and/or injunctive relief from individuals or
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entities that allegedly presented perjured testimony, provided
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false evidence or otherwise conspired with the prosecution to
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obtain Plaintiff's conviction.
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of California, No. C 11-5162 CW (PR), Bonilla v. Baptist, et al.,
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No. C 11-5163 CW (PR), and Bonilla v. Nickerson, No. C 11-5164 CW
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(PR).
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of California to rule on Plaintiff's pending state habeas petition.
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See Bonilla v. California Supreme Court, No. C 11-5165 CW (PR).
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All of these claims previously have been reviewed and dismissed by
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this Court either because they seek relief that can be pursued only
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in a habeas corpus action or because they fail to state a claim
See Bonilla v. People of the State
Plaintiff's fourth action seeks to compel the Supreme Court
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upon which relief may be granted.
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11-2612 et seq. CW (PR), Order of Dismissal filed and judgment
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entered June 13, 2011; In re Steven Bonilla, Nos. C 11-2808 et seq.
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CW (PR), Order of Dismissal filed and judgment entered June 16,
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2011; In re Steven Bonilla, Nos. C 11-3052 et seq. CW (PR), Order
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of Dismissal filed and judgment entered June 20, 2011; In re Steven
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Bonilla, Nos. C 11-3180, et seq. CW (PR), Order of Dismissal filed
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and judgment entered Oct. 25, 2011.
See In re Steven Bonilla, Nos. C
Accordingly, the present four actions are DISMISSED with
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United States District Court
For the Northern District of California
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prejudice because they merely repeat previously dismissed claims.
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See Cato, 70 F.3d at 1105 n.2.
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Plaintiff's lack of funds, his applications to proceed in forma
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pauperis are GRANTED.
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Additionally, in view of
The Clerk of the Court shall enter judgment in each of these
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civil rights actions, terminate all pending motions therein, and
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close the files.
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this Order in C 08-0471.
The Clerk of the Court also shall file a copy of
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IT IS SO ORDERED.
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Dated: 11/22/2011
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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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STEVEN WAYNE BONILLA,
Case Number: CV11-05162 CW
CV11-05163 CW
CV11-05164 CW
CV11-05165 CW
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Plaintiff,
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v.
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PEOPLE OF STATE OF CA 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 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.
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Steven Wayne Bonilla J-48500
San Quentin State Prison
San Quentin, CA 94964
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Dated: November 22, 2011
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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk
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