Opinion

Brown v. District Attorney

Court
District Court, N.D. California
Filed
Oct 18, 2022
Cited by
0 cases
Authority
More cited than 18.9%

absent legitimate 22 reasons to recuse himself or herself, a judge has a duty to sit in judgment in all cases 23 assigned to that judge

How later courts described this case

  • absent legitimate 22 reasons to recuse himself or herself, a judge has a duty to sit in judgment in all cases 23 assigned to that judge

Written by the judges who cited it.

The opinion

1 UNITED STATES DISTRICT COURT

2 NORTHERN DISTRICT OF CALIFORNIA

3

4 STEVEN WAYNE BONILLA, Case Nos. 22-cv-5562-PJH

Plaintiff, 22-cv-5595-PJH

5

22-cv-5596-PJH

v.

6 22-cv-5597-PJH

7 22-cv-5598-PJH

IMPERIAL COUNTY COURT CLERK’S

22-cv-5599-PJH

8 OFFICE et. al.,

22-cv-5600-PJH

Defendants.

9 22-cv-5601-PJH

10 22-cv-5603-PJH

22-cv-5604-PJH

11

22-cv-5605-PJH

12 22-cv-5606-PJH

13 22-cv-5607-PJH

22-cv-5608-PJH

14

22-cv-5610-PJH

15 22-cv-5611-PJH

16 22-cv-5612-PJH

22-cv-5615-PJH

17

22-cv-5618-PJH

18 22-cv-5619-PJH

19 22-cv-5621-PJH

22-cv-5818-PJH

20

22-cv-5819-PJH

21 22-cv-5968-PJH

22 22-cv-6056-PJH

23 ORDER DISMISSING MULTIPLE

CASES WITH PREJUDICE

24

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Plaintiff, a state prisoner, has filed multiple pro se civil rights complaints under 42

26

U.S.C. § 1983. Plaintiff is a condemned prisoner who also has a pending federal habeas

27

petition in this court with appointed counsel. See Bonilla v. Ayers, Case No. 08-0471

1 YGR. Plaintiff is also represented by counsel in state court habeas proceedings. See In

2 re Bonilla, Case No. 20-2986 PJH, Docket No. 1 at 7.

3 Plaintiff presents nearly identical claims in these actions. He names as

4 defendants numerous county clerks and federal judges. He seeks relief regarding his

5 underlying conviction or how his other cases were handled by the state and federal

6 courts.

7 To the extent that plaintiff seeks to proceed in forma pauperis (IFP) in these cases,

8 he has been disqualified from proceeding IFP under 28 U.S.C. § 1915(g) unless he is

9 “under imminent danger of serious physical injury” at the time he filed his complaint. 28

10 U.S.C. 1915(g); In re Steven Bonilla, Case No. 11-3180 CW; Bonilla v. Dawson, Case

11 No. 13-0951 CW.

12 The allegations in these complaints do not show that plaintiff was in imminent

13 danger at the time of filing. Therefore, he may not proceed IFP. Moreover, even if an

14 IFP application were granted, his lawsuits would be barred under Heck v. Humphrey, 512

15 U.S. 477, 486-87 (1994), Younger v. Harris, 401 U.S. 37, 43-54 (1971), Demos v. U.S.

16 District Court, 925 F.2d 1160, 1161-62 (9th Cir. 1991) or Mullis v. U.S. Bankruptcy Court,

17 828 F.2d 1385, 1393 (9th Cir. 1987). Accordingly, the cases are dismissed with

18 prejudice.

19 Furthermore, these are not cases in which the undersigned judge’s impartiality

20 might be reasonably questioned due to the repetitive and frivolous nature of the filings.

21 See United States v. Holland, 519 F.3d 909, 912 (9th Cir. 2008) (absent legitimate

22 reasons to recuse himself or herself, a judge has a duty to sit in judgment in all cases

23 assigned to that judge).

24 The clerk shall terminate all pending motions and close these cases. The clerk

25 shall return, without filing, any further documents plaintiff submits in these closed cases.

26 IT IS SO ORDERED.

27 Dated: October 18, 2022

1 /s/ Phyllis J. Hamilton

PHYLLIS J. HAMILTON

2 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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