Bonilla v. Gonzalez Rogers et al

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 6/16/2017. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 6/16/2017)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. 17-cv-03345-VC (PR) STEVEN WAYNE BONILLA, Plaintiff, ORDER OF DISMISSAL WITH PREJUDICE v. YVONNE GONZALEZ ROGERS, et al., Defendants. Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42 U.S.C. § 1983 against District Court Judges Yvonne Gonzalez Rogers and Claudia Wilken for actions they took when presiding over his federal petition for a writ of habeas corpus. 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, he cannot proceed in forma pauperis. Moreover, even if he could proceed in forma pauperis, his lawsuit would be barred under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). The suit must also be dismissed because federal judges are absolutely immune from suit for actions taken in their judicial capacity. See Moore v. Brewster, 96 F.3d 1240, 1243 (9th Cir. 1996). Accordingly, the case is dismissed with prejudice. The Clerk shall enter a separate judgment and close the case. IT IS SO ORDERED. Dated: June 16, 2017 ______________________________________ VINCE CHHABRIA United States District Judge 2

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