Jones v. Brown et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 12/10/13. (jjoS, COURT STAFF) (Filed on 12/11/2013) Modified on 12/11/2013 (jjoS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARK ANTHONY JONES,

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Plaintiff,
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v.
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JERRY BROWN, et al.,
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Defendants.
__________________________________ )

No. C 13-5172 JSW (PR)
ORDER OF DISMISSAL

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Plaintiff, a California prisoner, filed this pro se civil rights complaint under 42

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U.S.C. § 1983. Plaintiff claims that he is eligible to be re-sentenced to a shorter term

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under California Proposition 36, which provides retroactive exceptions to California’s

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Three Strikes Law for certain drug offenses. Plaintiff seeks declaratory and injunctive

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relief. Such claims must be raised in a federal petition for a writ of habeas corpus, not a

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civil rights action. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011) (habeas is the

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“exclusive remedy” for the prisoner who seeks “immediate or speedier release”); Docken

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v. Chase, 393 F.3d 1024, 1026 (9th Cir. 2004) (challenges implicating the fact or

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duration of confinement must be brought through a habeas petition). Accordingly, this

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case is DISMISSED without prejudice to Plaintiff bringing his claims in a petition for a

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writ of habeas corpus after he has exhausted his claims by fairly presenting themn to the

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California Supreme Court.

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His application to proceed in forma pauperis is granted in a separate order. The
clerk shall enter judgment and close the file.
IT IS SO ORDERED.
DATED: December 11, 2013

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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MARK A JONES,

Case Number: CV13-05172 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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JERRY BROWN et al,

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Defendant.

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 11, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Mark A. Jones
C12452
Corcoran State Prison
Corcoran, CA 93212
Dated: December 11, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk