Bonilla v. Keyes et al

Filing 3

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. 18-cv-00629-VC (PR)

Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE

v.
BRAD KEYES, ALAMEDA COUNTY
DISTRICT ATTORNEY AND JOHN DOE
JUDGES,
Defendants.

Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action alleging
collusion, fraud, conspiracy and complicity against Brad Keys, Alameda County District
Attorney Jonathan Goodfellow and John Doe Judges. The clerk of the court has designated this
as a civil rights action under 42 U.S.C. § 1983. If this is a civil rights action, 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).
If this is not a civil rights action, it alleges only state law claims, which means this Court
lacks jurisdiction. In either case, the complaint is dismissed with prejudice. Bonilla continues to
bring federal and state claims about his state criminal case. These claims should be filed, if at
all, in his federal habeas petition, not in civil rights actions.

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
______________________________________
VINCE CHHABRIA
United States District Judge

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