Bonilla v. Wilken et al

Filing 4

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT WITH PREJUDICE. Signed by Judge Vince Chhabria on 7/29/2016. (knm, COURT STAFF) (Filed on 7/29/2016)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,
Plaintiff,
v.
CLAUDIA WILKEN, et al.,
Defendants.

Case No. 16-cv-03308-VC (PR)
ORDER DENYING MOTION FOR
LEAVE TO PROCEED IN FORMA
PAUPERIS AND DISMISSING
COMPLAINT WITH PREJUDICE
Re: Dkt. No. 3

Plaintiff Steven Wayne Bonilla is a state prisoner who alleges constitutional violations
against District Court Judges Claudia Wilken and Yvonne Gonzalez Rogers. Bonilla has been
disqualified from proceeding in forma pauperis under 28 U.S.C. § 1915(g) unless he is “under
imminent danger of serious physical injury” at the time he filed his complaint. 28 U.S.C.
1915(g); In re Steven Bonilla, No. C 11-3180 CW (PR); Bonilla v. Dawson, No. C 13-0951 CW
(PR).
The allegations in this complaint do not show that Bonilla was in imminent danger at the
time of filing. Therefore, he may not proceed in forma pauperis. Furthermore, he may not
proceed even if he pays the filing fee because federal judges are absolutely immune from suit for
damages for judicial acts taken within the jurisdiction of their courts. Mireles V. Waco, 502 U.S.
9, 9 (1991). This judicial immunity also applies to actions for declaratory, injunctive and other
equitable relief. Mullis v. Bankruptcy Court for the District of Nevada, 828 F.2d 1385, 1394 (9th
Cir. 1987). This lawsuit is also barred under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
Accordingly, the motion to proceed in forma pauperis is denied and this complaint is

dismissed with prejudice. The Clerk of the Court shall enter a separate judgment and close the
file.
IT IS SO ORDERED.
Dated: July 29, 2016
______________________________________
VINCE CHHABRIA
United States District Judge

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