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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 No. C 11-4631 WHA (PR) GILBERTO JUAREZ, 8 ORDER DENYING MOTION FOR RECONSIDERATION Plaintiff, 9 v. 11 PRISONS; 25 OFFICERS OF THE COURT; (Docket No. 12) For the Northern District of California United States District Court 10 12 Defendants. / 13 14 Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under 15 42 U.S.C. 1983 seeking to have his conviction vacated. The case was dismissed without 16 prejudice to filing a petition for a writ of habeas corpus under 28 U.S.C. 2254. Plaintiff has 17 filed a notice of appeal, attached to which is a motion for rehearing. The motion reiterates 18 claims that his constitutional rights were violated in the course of his criminal prosecution. 19 Such claims are properly brought in habeas, not in a civil rights complaint under 42 U.S.C. 20 1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011). Consequently, the motion for 21 rehearing is Denied. 22 IT IS SO ORDERED. 23 Dated: November 12 , 2011. 24 25 26 27 28 G:\PRO-SE\WHA\CR.11\JUAREZ4631.REC.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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