Bonilla v. O'Malley et al

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 1/31/2017. (knm, COURT STAFF) (Filed on 1/31/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,

Case No. 17-cv-00276-VC (PR)

Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE

v.
NANCY E. O'MALLEY, et al.,

Re: Dkt. No. 2

Defendants.

Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42
U.S.C. § 1983 against Alameda County District Attorney Nancy O’Malley and the Alameda
County District Attorney’s Office1 and has filed a motion for leave to proceed in forma pauperis.
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, the motion to proceed in forma pauperis is denied. 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.
1

The caption on the Court’s docket incorrectly states the defendant in this case is Sandra
Margulies. The Clerk is directed to change the caption to reflect the correct defendants.

This Order terminates docket number 2.
The Clerk shall enter a separate judgment and close the case.

IT IS SO ORDERED.
Dated: January 31, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

2