Bonilla v. Allen

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 11/30/2017. The deputy clerk hereby certifies that on 11/30/2017 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 11/30/2017)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STEVEN WAYNE BONILLA, Case No. 17-cv-06245-VC (PR) Plaintiff, ORDER OF DISMISSAL WITH PREJUDICE v. LAWRENCE ALLEN, 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 30, 2017 ______________________________________ VINCE CHHABRIA United States District Judge 2

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