Bonilla v. Koehler
Filing
3
ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 6/9/2017. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 6/9/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STEVEN WAYNE BONILLA,
Case No. 17-cv-02991-VC (PR)
Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE
v.
FRANCIE KOEHLER,
Defendant.
Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42
U.S.C. § 1983 against Francie Koehler, who allegedly has exculpatory evidence in Bonilla’s
state criminal case. Bonilla has been disqualified from proceeding in forma pauperis (“IFP”)
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 IFP. 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: June 9, 2017
______________________________________
VINCE CHHABRIA
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?