Bonilla v. California Court of Appeal

Filing 3

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 4/9/2018. The deputy clerk hereby certifies that on 4/9/2018 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. (knmS, COURT STAFF) (Filed on 4/9/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA,

Case No. 18-cv-01008-VC (PR)

Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE

v.
CALIFORNIA COURT OF APPEAL,
Defendant.

Plaintiff Steven Wayne Bonilla, a state inmate, has filed an appeal of the California Court
of Appeal’s denial of his recent habeas petition. The clerk has designated this case as a civil
rights action under 42 U.S.C. § 1983. Most likely, this case should have been designated as a
habeas petition. However, under either designation, it is dismissed. As a civil rights plaintiff,
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, a civil rights complaint is barred under Heck v. Humphrey, 512 U.S. 477, 486-87
(1994).
As a habeas petition, it is dismissed because Bonilla has a pending habeas action where
he is represented by counsel, see Bonilla v. Ayers, No. C 08-0471 YGR. He must bring all of his
habeas claims in that case.
Accordingly, this 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: April 9, 2018
______________________________________
VINCE CHHABRIA
United States District Judge

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