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