Bonilla

Bonilla v. Novack

Good Law
United States District Court, Northern District of CaliforniaOctober 31, 20193:19-cv-06305California258 words

Opinion

trial_court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAYNE BONILLA, Case No. 19-cv-06305-VC (PR)

Plaintiff,

ORDER OF DISMISSAL WITH

v. PREJUDICE

CHARLES NOVACK,

Defendant.

Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42 U.S.C. § 1983 against the Honorable Charles Novack, Chief Judge of the United States Bankruptcy Court of the Northern District of California. 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 an 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…

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