Juarez v. Chacon et al
Filing
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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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No. C 11-4631 WHA (PR)
GILBERTO JUAREZ,
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ORDER OF DISMISSAL
Plaintiff,
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v.
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For the Northern District of California
United States District Court
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PRISONS; 25 OFFICERS OF THE
COURT;
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. He claims that his civil rights were violated during the course of his criminal
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proceedings, and he seeks to have his conviction vacated. Such a form of relief may only be
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obtained in federal court by way of a petition for a writ of habeas corpus under 28 U.S.C. 2254,
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not a civil rights complaint under 42 U.S.C. 1983. 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). Consequently, the instant action is DISMISSED without prejudice to filing a petition
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for a writ of habeas corpus.
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The clerk shall enter judgment and close the file.
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IT IS SO ORDERED.
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Dated: September
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, 2011.
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G:\PRO-SE\WHA\CR.11\JUAREZ4631.DSM.wpd
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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