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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 STEVEN WAYNE BONILLA, Case No. 16-cv-01059-VC (PR) Plaintiff, 7 ORDER OF DISMISSAL WITH PREJUDICE v. 8 9 CALIFORNIA SUPREME COURT, Defendant. 10 Plaintiff Steven Wayne Bonilla is a state prisoner who filed this pro se complaint against United States District Court Northern District of California 11 12 the California Supreme Court challenging the validity of a state court criminal judgment. Bonilla 13 has been disqualified from proceeding in forma pauperis under 28 U.S.C. § 1915(g) unless he is 14 “under imminent danger of serious physical injury” at the time he filed his complaint. 28 U.S.C. 15 1915(g); In re Steven Bonilla, No. C 11-3180 CW (PR); Bonilla v. Dawson, No. C 13-0951 CW 16 (PR). 17 The allegations in this complaint do not show that Bonilla was in imminent danger at the 18 time of filing. Therefore, he may not proceed in forma pauperis. Furthermore, even if he pays the 19 filing fee he may not proceed because, even liberally construed, the allegations do not state a claim 20 for which relief may be granted and amendment would be futile. See 28 U.S.C. § 1915A(a). 21 Moreover, this lawsuit is barred under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). 22 Accordingly, the case is dismissed with prejudice. 23 The clerk shall enter a separate judgment and close the file. 24 IT IS SO ORDERED. 25 26 27 28 Dated: March 10, 2016 ______________________________________ VINCE CHHABRIA United States District Judge

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