Bonilla v. Eller et al

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE; DENYING 2 MOTION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Vince Chhabria on 3/24/2017. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 3/24/2017)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STEVEN WAYNE BONILLA, Case No. 17-cv-01310-VC (PR) Plaintiff, v. STAN ELLER, et al., Defendants. ORDER OF DISMISSAL WITH PREJUDICE; DENYING MOTION TO PROCEED IN FORMA PAUPERIS Re: Dkt. No. 2 Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42 U.S.C. § 1983 against Mono County Superior Court Judge Stan Eller and Mono County Superior Court Clerk H. Kenney. Bonilla has also 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. The Clerk shall close the case. IT IS SO ORDERED. Dated: March 24, 2017 ______________________________________ VINCE CHHABRIA United States District Judge

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