Hawes v. State of California

Filing 5

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TERRY RAY HAWES,

No. C 11-4361 WHA (PR)

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Plaintiff,

ORDER OF DISMISSAL

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For the Northern District of California

United States District Court

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vs.
STATE OF CALIFORNIA,
Defendant.

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/
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Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under

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42 U.S.C. 1983. He seeks to be released from custody based upon his claim that defendant

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forced medication upon him during his trial. Such a form of relief may only be obtained in

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federal court by way of a petition for a writ of habeas corpus under 28 U.S.C. 2254, not a civil

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rights complaint under 42 U.S.C. 1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011)

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(habeas is the “exclusive remedy” for the prisoner who seeks “immediate or speedier release”

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from confinement); see Docken v. Chase, 393 F.3d 1024, 1026 (9th Cir. 2004) (challenges

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implicating the fact or duration of confinement must be brought in a habeas petition).

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Consequently, the instant action is DISMISSED without prejudice to filing a petition for a writ of

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habeas corpus.

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The clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: September

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, 2011.

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G:\PRO-SE\WHA\CR.11\HAWES4361.DSM.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE