Bonilla v. San Benito County Superior Court

Filing 4

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 8/31/2017. The deputy clerk hereby certifies that on 8/31/2017 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 8/31/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,

Case No. 17-cv-04693-VC (PR)

Plaintiff,
v.
SAN BENITO COUNTY SUPERIOR
COURT,

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 a superior court. 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.
Furthermore, this is not a case in which the undersigned judge’s impartiality might be
reasonably questioned. See United States v. Holland, 519 F.3d 909, 912 (9th Cir. 2008) (absent
legitimate reason to recuse himself or herself, judge has a duty to sit in judgment in all cases
assigned to that judge).

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 31, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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