Bonilla v. Tavill

Filing 6

ORDER OF DISMISSAL WITH PREJUDICE. The deputy clerk hereby certifies that on 8/24/2017 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. Signed by Judge Vince Chhabria on 8/24/2017. (knm, COURT STAFF) (Filed on 8/24/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,

Case No. 17-cv-04139-VC (PR)

Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE

v.
GREGORY S. TAVILL,
Defendant.

Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under
42 U.S.C. § 1983 against Gregory S. Tavill, San Bernardino 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 24, 2017
______________________________________
VINCE CHHABRIA
United States District Judge