Bonilla v. Davis

Filing 4

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 6/29/2017. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 6/29/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,
Plaintiff,
v.

Case No. 17-cv-03338-VC (PR)
ORDER OF DISMISSAL WITH
PREJUDICE

RONALD DAVIS,
Defendant.

Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se complaint entitled,
“Expedited Review Requested,” against Ronald Davis, the warden of the prison where Bonilla is
incarcerated. The clerk has docketed this action as a petition for a writ of mandamus. 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, Bonilla is not able to proceed in forma pauperis. Furthermore, he may
not proceed even if he pays the filing fee because this court lacks jurisdiction to issue a writ of
mandamus. See 28 U.S.C. §§ 1361; 1651. Section 1361 provides, “[t]he district courts shall
have original jurisdiction of any action in the nature of mandamus to compel an officer or
employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” Id.
Warden Ronald Davis is not an agency of the United States.
Furthermore, the relief Plaintiff seeks pertains to his ongoing attempts to invalidate his

state criminal conviction. Therefore, such claims, if raised, must be brought by Bonilla’s counsel
in his pending federal habeas corpus action, Bonilla v. Ayers, No. C 08-0471 YGR (PR).
Accordingly, this action is dismissed with prejudice because amendment would be futile.

IT IS SO ORDERED.
Dated: June 29, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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