Juarez v. Chacon et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 11-4631 WHA (PR)
ORDER DENYING MOTION FOR
PRISONS; 25 OFFICERS OF THE
(Docket No. 12)
For the Northern District of California
United States District Court
Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under
42 U.S.C. 1983 seeking to have his conviction vacated. The case was dismissed without
prejudice to filing a petition for a writ of habeas corpus under 28 U.S.C. 2254. Plaintiff has
filed a notice of appeal, attached to which is a motion for rehearing. The motion reiterates
claims that his constitutional rights were violated in the course of his criminal prosecution.
Such claims are properly brought in habeas, not in a civil rights complaint under 42 U.S.C.
1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011). Consequently, the motion for
rehearing is Denied.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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