Hawes v. State of California
ORDER DISMISSING CASE. Signed by Judge William Alsup on 9/28/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 9/28/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
TERRY RAY HAWES,
No. C 11-4361 WHA (PR)
ORDER OF DISMISSAL
For the Northern District of California
United States District Court
STATE OF CALIFORNIA,
Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under
42 U.S.C. 1983. He seeks to be released from custody based upon his claim that defendant
forced medication upon him during his trial. Such a form of relief may only be obtained in
federal court by way of a petition for a writ of habeas corpus under 28 U.S.C. 2254, not a civil
rights complaint under 42 U.S.C. 1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011)
(habeas is the “exclusive remedy” for the prisoner who seeks “immediate or speedier release”
from confinement); see Docken v. Chase, 393 F.3d 1024, 1026 (9th Cir. 2004) (challenges
implicating the fact or duration of confinement must be brought in a habeas petition).
Consequently, the instant action is DISMISSED without prejudice to filing a petition for a writ of
The clerk shall enter judgment and close the file.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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