Bonilla v. California Supreme Court et al
ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 2/14/2018. The deputy clerk hereby certifies that on 2/14/2018 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 2/14/2018)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STEVEN WAYNE BONILLA,
Case No. 17-cv-07246-VC (PR)
ORDER OF DISMISSAL WITH
CALIFORNIA SUPREME COURT, et al.,
Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action
against the California Supreme Court, Alameda County District Attorney Nancy O’Malley,
Alameda County Prosecutor Jonathan Goodfellow and Attorney John Whilson for “conspiracy to
obstruct and impede the administration of justice” in Bonilla’s underlying state criminal case.
The Clerk of the Court designated this as a civil rights case under 42 U.S.C. § 1983. 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 130951 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). Bonilla keeps filing complaints alleging state
and federal claims against people involved his his state criminal case. These claims are to be
filed, if at all, in his federal habeas petition. 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: February 14, 2018
United States District Judge
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