Bonilla v. Hollister
Filing
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ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 11/15/2017. The deputy clerk hereby certifies that on 11/15/2017 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 11/15/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STEVEN WAYNE BONILLA,
Case No. 17-cv-06132-VC (PR)
Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE
v.
DAVID HOLLISTER,
Defendant.
Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42
U.S.C. § 1983 against a county district attorney. 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: November 15, 2017
______________________________________
VINCE CHHABRIA
United States District Judge
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