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)

Download PDF
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 See Moore v. Brewster, 96 F.3d 1240, 1243 (9th Cir. 1996) (superceded by statute on other grounds).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

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?