Bonilla v. Davis

Filing 4

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 8/29/2017. The deputy clerk hereby certifies that on 8/29/2017 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.(knm, COURT STAFF) (Filed on 8/29/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,

Case No. 17-cv-04328-VC (PR)

Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE

v.
RONALD DAVIS,
Defendant.

Plaintiff Steven Wayne Bonilla is a state prisoner who has filed a pro se petition for a
writ of mandamus to compel Warden Ronald Davis to release him from prison. 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 may not proceed in forma pauperis. Furthermore, he may not
proceed even if he pays the filing fee because this court lacks jurisdiction to issue a writ of
mandamus. See 28 U.S.C. § 1361. Section 1361 provides, “[t]he district courts shall have
original jurisdiction of any action in the nature of mandamus to compel an officer or employee of
the United States or any agency thereof to perform a duty owed to the plaintiff.” This Court
cannot order Warden Davis, a state employee, to do anything because he is not an officer,
employee or agency of the United States.
Furthermore, the relief Plaintiff seeks pertains to his ongoing attempts to invalidate his

state criminal conviction. Therefore, such claims, if raised, must be brought by Bonilla’s counsel
in his pending federal habeas corpus action, Bonilla v. Ayers, No. C 08-0471 YGR (PR).
Accordingly, this action is dismissed with prejudice because amendment would be futile.
The Clerk of the Court shall terminate all pending motions and close this case. The Clerk
shall return, without filing, any further documents Bonilla submits after this case is closed.

IT IS SO ORDERED.
Dated: August 29, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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