Juarez v. Chacon et al

Filing 3

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)

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 OF DISMISSAL

Plaintiff,
9
v.
11
For the Northern District of California

United States District Court

10

12

PRISONS; 25 OFFICERS OF THE
COURT;
Defendants.
/

13
14

Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under

15

42 U.S.C. 1983. He claims that his civil rights were violated during the course of his criminal

16

proceedings, and he seeks to have his conviction vacated. Such a form of relief may only be

17

obtained in federal court by way of a petition for a writ of habeas corpus under 28 U.S.C. 2254,

18

not a civil rights complaint under 42 U.S.C. 1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293

19

(2011) (habeas is the “exclusive remedy” for the prisoner who seeks “immediate or speedier

20

release” from confinement); see Docken v. Chase, 393 F.3d 1024, 1026 (9th Cir. 2004)

21

(challenges implicating the fact or duration of confinement must be brought in a habeas

22

petition). Consequently, the instant action is DISMISSED without prejudice to filing a petition

23

for a writ of habeas corpus.

24

The clerk shall enter judgment and close the file.

25

IT IS SO ORDERED.

26

Dated: September

29

, 2011.

27
28

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

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE