Bonilla v. Goodfellow
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-00630-VC (PR)
ORDER OF DISMISSAL WITH
Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action alleging
“extrinsic criminal fraud” against Alameda County District Attorney Jonathan Goodfellow, who
prosecuted Bonilla in his state criminal case. The clerk of the court has designated this as a civil
rights action 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 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). Bonilla continues to bring federal and state
civil claims about his state criminal case. These claims should be filed, if at all, in Bonilla’s
federal habeas petition, not in civil actions. 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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?