Bonilla v. Attorney General of California

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 1/26/2016. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 1/26/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN WAYNE BONILLA,

Case No. 16-cv-00225-VC

(PR)

Plaintiff,
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ORDER OF DISMISSAL WITH
PREJUDICE

v.
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ATTORNEY GENERAL OF
CALIFORNIA,
Defendant.

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United States District Court
Northern District of California

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Plaintiff Steven Wayne Bonilla is a state prisoner who alleges constitutional violations

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against the Attorney General of California for committing “fraud on the court” in Bonilla’s state

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habeas proceeding. Bonilla has been disqualified from proceeding in forma pauperis under 28

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U.S.C. § 1915(g) unless he is “under imminent danger of serious physical injury” at the time he

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filed his complaint. 28 U.S.C. 1915(g); In re Steven Bonilla, No. C 11-3180 CW (PR); Bonilla v.

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Dawson, No. C 13-0951 CW (PR).

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The allegations in this complaint do not show that Bonilla was in imminent danger at the

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time of filing. Therefore, he may not proceed in forma pauperis. Furthermore, he may not

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proceed even if he pays the filing fee because, even liberally construed, the allegations do not state

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a claim for which relief may be granted and amendment would be futile.

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Accordingly, this complaint is dismissed with prejudice. The Clerk of the Court shall enter

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a separate judgment and close the file.

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IT IS SO ORDERED.

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Dated: January 26, 2016
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VINCE CHHABRIA
United States District Judge