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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 TERRY RAY HAWES, No. C 11-4361 WHA (PR) 9 Plaintiff, ORDER OF DISMISSAL 11 For the Northern District of California United States District Court 10 vs. STATE OF CALIFORNIA, Defendant. 12 / 13 14 Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under 15 42 U.S.C. 1983. He seeks to be released from custody based upon his claim that defendant 16 forced medication upon him during his trial. Such a form of relief may only be obtained in 17 federal court by way of a petition for a writ of habeas corpus under 28 U.S.C. 2254, not a civil 18 rights complaint under 42 U.S.C. 1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011) 19 (habeas is the “exclusive remedy” for the prisoner who seeks “immediate or speedier release” 20 from confinement); see Docken v. Chase, 393 F.3d 1024, 1026 (9th Cir. 2004) (challenges 21 implicating the fact or duration of confinement must be brought in a habeas petition). 22 Consequently, the instant action is DISMISSED without prejudice to filing a petition for a writ of 23 habeas corpus. 24 The clerk shall enter judgment and close the file. 25 IT IS SO ORDERED. 26 Dated: September 28 , 2011. 27 28 G:\PRO-SE\WHA\CR.11\HAWES4361.DSM.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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