Bonilla
Opinion
trial_court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BONILLA, Case No. 19-cv-06680-VC (PR) Petitioner.
ORDER DISMISSING WITH
PREJUDICE PETITION FOR WRIT
OF MANDAMUS
Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se document entitled, “In re: to the matter of Steven Wayne Bonilla being declared a vexatious litigant,” in which he argues the California vexatious litigant statute, California Code of Civil Procedure section 391, and the federal vexatious litigant statute, 28 U.S.C. § 1915(g), are unconstitutional. The Clerk of the Court designated this case as a petition for a writ of mandamus. These state and federal statutes provide that a litigant who has filed a certain number of frivolous lawsuits may not be granted in forma pauperis status. Section 391 has been “repeatedly held constitutional by both state and federal courts.” Ervin v. Judicial Council of California, 2008 WL 1885726, *2 (N.D. Cal. Apr. 24, 2008) (citing Wolfe v. George, 486 F.3d 1120, 1124-25 (9th Cir. 2007); Bravo v. Ismaj, 99 Cal. App. 4th 211, 222 (2002)). Likewise 28 U.S.C. § 1915(g) has withstood various constitutional challenges. Section 1915(g)…