Bonilla

Bonilla v. State of California

Good Law
United States District Court, Southern District of CaliforniaSeptember 29, 20223:22-cv-00832California1,292 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEVEN WAYNE BONILLA, Case No. 22-cv-0832-BAS-AGS

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE AND

WITHOUT LEAVE TO AMEND

STATE OF CALIFORNIA,

Defendant. 16 On June 3, 2022, Steven Wayne Bonilla (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. (Pet., ECF No. 1.) On July 13, 2022, this Court dismissed without prejudice the Petition for Petitioner’s failure to satisfy the filing fee requirement. (First Dismissal Order, ECF No. 2.) Furthermore, the Court found the Petition also was subject to dismissal because it was deficient on its face. Among other things, the Petition failed to name a proper Respondent and to allege exhaustion of state judicial remedies as required to proceed under § 2254. (Id.) Finally, the Court expressed its skepticism that this District is the appropriate venue for Petitioner’s…

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