Bonilla v. Horner

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 3/16/2016. (knm, COURT STAFF) (Filed on 3/16/2016)

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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-01179-VC

(PR)

Plaintiff,
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ORDER OF DISMISSAL WITH
PREJUDICE

v.
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JUDGE JEFFREY HORNER,
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 filed this pro se complaint against

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Superior Court Judge Jeffrey Horner challenging the validity of a state court criminal judgment.

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

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

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

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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, 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 16, 2016
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VINCE CHHABRIA
United States District Judge