Grosse v. Santa Rita Alameda County Jail

Filing 4

ORDER OF DISMISSAL. Signed by Judge William Alsup on 3/31/14. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 4/1/2014)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 MARCUS LEE GROSSE, Plaintiff, 9 ORDER OF DISMISSAL v. 11 For the Northern District of California 10 United States District Court No. C 14-0860 WHA (PR) SANTA RITA JAIL, Defendant. 12 / 13 14 Plaintiff, an inmate in the Alameda County Jail, filed this pro se civil rights action 15 pursuant to 42 U.S.C. 1983 in which he seeks immediate release from custody. He claims that 16 he “filed a federal indictment” and that he had an “authorized release time” but was not released 17 from jail. A petition for a writ of habeas corpus, not a civil rights complaint, is the “exclusive 18 remedy” for the prisoner who seeks “immediate or speedier release” from confinement. Skinner 19 v. Switzer, 131 S. Ct. 1289, 1293 (2011). Consequently, the complaint is DISMISSED without 20 prejudice to plaintiff filing his claims in a petition for a writ of habeas corpus, after he has 21 exhausted his claims through the state courts. 22 The clerk shall enter judgment and close the file. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: March 31 , 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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