Bonilla v. Mackey et al

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 1/18/2017. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 1/18/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,

Case No. 17-cv-00156-VC (PR)

Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE

v.
DENNIS MACKEY, et al.,
Defendants.

Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42
U.S.C. § 1983 against Dennis Mackey, the medical examiner for Washoe County, Nevada, and
Jonathan Goodfellow, Assistant District Attorney for Alameda County. 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. Moreover, even if the IFP
application were granted, his lawsuit would be barred under Heck v. Humphrey, 512 U.S. 477,
486-87 (1994). Accordingly, the case is dismissed with prejudice.
The Clerk shall enter a separate judgment and close the case.

IT IS SO ORDERED.
Dated:

January 18, 2017

______________________________________
VINCE CHHABRIA
United States District Judge

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