Juarez v. Chacon et al

Filing 15

Certificate of Appealability Denied. Signed by Judge William Alsup on 11/12/11. (Attachments: # 1 Certificate of Service)(dtS, COURT STAFF) (Filed on 11/14/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 11-4631 WHA (PR)

GILBERTO JUAREZ,
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ORDER DENYING MOTION FOR
RECONSIDERATION

Plaintiff,
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v.
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PRISONS; 25 OFFICERS OF THE
COURT;
(Docket No. 12)

For the Northern District of California

United States District Court

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Defendants.
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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 seeking to have his conviction vacated. The case was dismissed without

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prejudice to filing a petition for a writ of habeas corpus under 28 U.S.C. 2254. Plaintiff has

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filed a notice of appeal, attached to which is a motion for rehearing. The motion reiterates

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claims that his constitutional rights were violated in the course of his criminal prosecution.

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Such claims are properly brought in habeas, not in a civil rights complaint under 42 U.S.C.

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1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011). Consequently, the motion for

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rehearing is Denied.

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IT IS SO ORDERED.

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Dated: November

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, 2011.

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G:\PRO-SE\WHA\CR.11\JUAREZ4631.REC.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE