Bonilla v. Smith et al
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-00157-VC (PR)
ORDER OF DISMISSAL WITH
WILLIAM E. SMITH, et al.,
Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42
U.S.C. § 1983 against Assistant United States Attorney Floy E. Dawson, Supervisory Special
FBI Agent William E. Smith and Special FBI Agent Quentin L. Smith. 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
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
United States District Judge
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