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Bonilla v. McElfresh

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Aug 1, 2018
Case No. 18-cv-04316-VC (PR) (N.D. Cal. Aug. 1, 2018)

Opinion

Case No. 18-cv-04316-VC (PR)

08-01-2018

STEVEN WAYNE BONILLA, Plaintiff, v. DARREN MCELFRESH, et al., Defendants.


ORDER OF DISMISSAL WITH PREJUDICE

Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42 U.S.C. § 1983 against Del Norte County Superior Court Judge Darren McElfresh and Court Clerk Judy Reynolds. Bonilla has been disqualified from proceeding in forma pauperis 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, he may not proceed in forma pauperis. Moreover, even if the IFP application were granted, his lawsuit would be 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: August 1, 2018

/s/_________

VINCE CHHABRIA

United States District Judge


Summaries of

Bonilla v. McElfresh

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Aug 1, 2018
Case No. 18-cv-04316-VC (PR) (N.D. Cal. Aug. 1, 2018)
Case details for

Bonilla v. McElfresh

Case Details

Full title:STEVEN WAYNE BONILLA, Plaintiff, v. DARREN MCELFRESH, et al., Defendants.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Aug 1, 2018

Citations

Case No. 18-cv-04316-VC (PR) (N.D. Cal. Aug. 1, 2018)