Bonilla v. California Supreme Court

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 3/10/2016. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 3/10/2016)

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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-01059-VC (PR)

Plaintiff,
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ORDER OF DISMISSAL WITH
PREJUDICE

v.
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CALIFORNIA SUPREME COURT,
Defendant.

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Plaintiff Steven Wayne Bonilla is a state prisoner who filed this pro se complaint against

United States District Court
Northern District of California

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the California Supreme Court challenging the validity of a state court criminal judgment. Bonilla

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has been disqualified from proceeding in forma pauperis under 28 U.S.C. § 1915(g) unless he is

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“under imminent danger of serious physical injury” at the time he filed his complaint. 28 U.S.C.

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1915(g); In re Steven Bonilla, No. C 11-3180 CW (PR); Bonilla v. Dawson, No. C 13-0951 CW

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(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, even if he pays the

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filing fee he may not proceed because, even liberally construed, the allegations do not state a claim

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for which relief may be granted and amendment would be futile. See 28 U.S.C. § 1915A(a).

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Moreover, this lawsuit is barred under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).

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Accordingly, the case is dismissed with prejudice.

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The clerk shall enter a separate judgment and close the file.

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IT IS SO ORDERED.

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Dated: March 10, 2016
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VINCE CHHABRIA
United States District Judge