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)

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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 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

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