Juarez v. Chacon et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 11-4631 WHA (PR)
ORDER OF DISMISSAL
For the Northern District of California
United States District Court
PRISONS; 25 OFFICERS OF THE
Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under
42 U.S.C. 1983. He claims that his civil rights were violated during the course of his criminal
proceedings, and he seeks to have his conviction vacated. Such a form of relief may only be
obtained in federal court by way of a petition for a writ of habeas corpus under 28 U.S.C. 2254,
not a civil rights complaint under 42 U.S.C. 1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293
(2011) (habeas is the “exclusive remedy” for the prisoner who seeks “immediate or speedier
release” from confinement); see Docken v. Chase, 393 F.3d 1024, 1026 (9th Cir. 2004)
(challenges implicating the fact or duration of confinement must be brought in a habeas
petition). Consequently, the instant action is DISMISSED without prejudice to filing a petition
for a writ of habeas corpus.
The clerk shall enter judgment and close the file.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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