Bonilla v. Rogers et al

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,

Case No. 17-cv-03442-VC (PR)

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 entitled,
“Expedited Review Requested; Conspiracy to Murder,” 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 113180 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, 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 See Moore v. Brewster, 96 F.3d 1240, 1243 (9th Cir. 1996) (superceded by
statute on other grounds). This includes immunity to actions for declaratory, injunctive and
other equitable relief. Id. Furthermore, this Court lacks jurisdiction to issue orders to other
federal district courts.
Accordingly, the case is dismissed with prejudice.
IT IS SO ORDERED.
Dated: June 29, 2017
______________________________________
VINCE CHHABRIA
United States District Judge