Bonilla v. Bender

Filing 4

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 8/18/2017. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 8/18/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,

Case No. 17-cv-04136-VC (PR)

Plaintiff,
v.
THOMAS L. BENDER,

ORDER OF DISMISSAL WITH
PREJUDICE

Defendant.
Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under
42 U.S.C. § 1983 against Thomas L. Bender, Madera County Superior Court Judge. 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, Bonilla may not proceed IFP. Moreover, his lawsuit is barred under
Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). Accordingly, the case is dismissed with
prejudice.
The Clerk shall close the case. The Clerk shall return, without filing, any further
documents Bonilla submits after this case is closed.
IT IS SO ORDERED.
Dated: August 18, 2017
______________________________________
VINCE CHHABRIA
United States District Judge