Steven W. Bonilla v. Stout

Filing 6

ORDER to SHOW CAUSE Why Action should not be Dismissed for Failure to Pay Filing Fee; Show Cause Response due within Fourteen (14) Days signed by Magistrate Judge Barbara A. McAuliffe on 5/24/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN WAYNE BONILLA,

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Plaintiff,

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v.
JUDGE DEAN T. STOUT,

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Case No. 1:18-cv-00700-BAM (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PAY FILING FEE
FOURTEEN (14) DAY DEADLINE

Defendant.

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Plaintiff Steven Wayne Bonilla (“Plaintiff”) is a state prisoner proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on May 11, 2018 in

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the Sacramento Division of the United States District Court for the Eastern District of California.

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(ECF No. 1.) This action was transferred to the Fresno Division on May 23, 2018. (ECF No. 4.)

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Plaintiff has not paid the filing fee or filed an application to proceed in forma pauperis in this

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action.
Plaintiff is subject to 28 U.S.C. § 1915(g), which provides that “[i]n no event shall a

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prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior

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occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of

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the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state

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a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious

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physical injury.”1 Plaintiff has been informed in prior cases that he is subject to § 1915(g).2

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The Court takes judicial notice that Plaintiff has filed hundreds of lawsuits throughout the state of California, and

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The Court has reviewed Plaintiff’s complaint and finds that his allegations do not satisfy

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the imminent danger exception to section 1915(g). Andrews v. Cervantes, 493 F.3d 1047,

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1053−55 (9th Cir. 2007). Plaintiff, who has been sentenced to death by the Superior Court of

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California for the County of Alameda, argues that the trial court lacked subject matter jurisdiction

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over that matter, and therefore requests that the judgment be vacated and that Plaintiff be released

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from incarceration. (ECF No. 1.) Though Plaintiff alleges that he is “always under imminent

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danger of serious physical injury,” he bases this assertion on the fact that he is under armed guard

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at all times, with signs posted stating “Danger, no warning shots will be fired.” (Id. at 4.) The

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mere fact of Plaintiff’s confinement is not sufficient to satisfy the exception from the three strikes

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bar under 28 U.S.C. § 1915(g).

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Finding no meritorious claim or imminent danger, Plaintiff is ordered, within fourteen

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(14) days of the date of service of this order, to show cause why this case should not be dismissed

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for failure to pay the filing fee, or to pay the full $400.00 initial filing fee in full to proceed with

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this action. Plaintiff’s failure to comply with this order will result in dismissal of this action.

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If, after receiving this order, Plaintiff no longer wishes to pursue this action, he shall file a notice

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of voluntary dismissal.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 24, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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specifically takes judicial notice of the following United States District Court Cases: (1) Bonilla v. Santa Barbara
Cty., Case No. 2:18-cv-00988-DMG-JPR (C.D. Cal.) (dismissed on February 13, 2018, as frivolous, malicious, and
for failure to state a claim); (2) Bonilla v. Alameda Cty. Prosecutor Jon Goodfellows, Case No. 2:18-cv-00685DMG-JPR (C.D. Cal.) (dismissed on February 5, 2018, as frivolous, malicious, and for failure to state a claim);
(3) Bonilla v. Unknown, 2:17-cv-07757-DMG-JPR (C.D. Cal.) (dismissed on October 27, 2017, as frivolous,
malicious, and for failure to state a claim); (4) Bonilla v. State of Cal., Case No. 4:11-cv-02654-CW (N.D. Cal.)
(dismissing 13 civil rights actions on June 13, 2011, for failure to state a claim).
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The Court takes judicial notice of Document 4 in In re: Steven Wayne Bonilla, Case No. 15-16444 (9th Cir.) and
Document 4 in Bonilla v. Alameda Cty. Prosecutor Jon Goodfellows, Case No. 2:18-cv-00685-DMG-JPR (C.D.
Cal.).

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