Bonilla v. Superior Court of Alameda County et al

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 BONILLA,

Case No. 16-cv-00330-VC

(PR)

Plaintiff,
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ORDER OF DISMISSAL WITH
PREJUDICE

v.
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SUPERIOR COURT OF ALAMEDA
COUNTY, et al.,
Defendants.
Plaintiff Steven Wayne Bonilla is a state prisoner who alleges that the Alameda County

United States District Court
Northern District of California

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Superior Court and Superior Court Judge Jeffrey Horner are “estopped by contract” and must

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dismiss Bonilla’s state criminal case. Bonilla was disqualified from proceeding in forma pauperis

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under 28 U.S.C. § 1915(g) unless he is “under imminent danger of serious physical injury” at the

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time he filed his complaint. 28 U.S.C. 1915(g); In re Steven Bonilla, Nos. C 11-3180 CW (PR);

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Bonilla v. Dawson, 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