BONILLA v. KOEHLER

Case No. 17-cv-02991-VC (PR).

STEVEN WAYNE BONILLA, Plaintiff, v. FRANCIE KOEHLER, Defendant.

United States District Court, N.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Steven Wayne Bonilla, Plaintiff, Pro Se.


ORDER OF DISMISSAL WITH PREJUDICE

VINCE CHHABRIA, District Judge.

Plaintiff Steven Wayne Bonilla, a state inmate, has filed a pro se civil action under 42 U.S.C. § 1983 against Francie Koehler, who allegedly has exculpatory evidence in Bonilla's state criminal case. 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, he may not proceed IFP. 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.

The Clerk shall enter a separate judgment and close the case.

IT IS SO ORDERED.


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