Hawes v. Social Security Administration et al

Filing 6

ORDER DISMISSING CASE. Signed by Judge William Alsup on 9/29/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 9/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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TERRY RAY HAWES,

No. C 11-4363 WHA (PR)

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Plaintiff,

ORDER OF DISMISSAL

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vs.
SOCIAL SECURITY
ADMINISTRATION,

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Defendant.
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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 is granted leave to proceed in forma pauperis in a separate order.
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The complaint must be dismissed for two reasons. First, plaintiff seeks to be released
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from custody, a form of relief that may only be obtained in federal court by way of a petition for
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a writ of habeas corpus under 28 U.S.C. 2254. See Skinner v. Switzer, 131 S. Ct. 1289, 1293
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(2011) (habeas is the “exclusive remedy” for the prisoner who seeks “immediate or speedier
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release” from confinement); see Docken v. Chase, 393 F.3d 1024, 1026 (9th Cir. 2004)
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(challenges implicating the fact or duration of confinement must be brought in a habeas
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petition). Second, plaintiff sues the Social Security Administration for failing to provide him
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the name of a doctor, whom plaintiff claims “knew” that plaintiff would not receive a fair
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criminal trial. Such a claim presents no cognizable grounds for his release from custody on a
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state court conviction.
Consequently, the instant action is DISMISSED. The clerk shall enter judgment and close
the file.
IT IS SO ORDERED.

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Dated: September

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, 2011.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\WHA\CR.11\HAWES4363.DSM.wpd

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