Opinion
No. C 11-4631 WHA (PR)
11-12-2011
GILBERTO JUAREZ, Plaintiff, v. PRISONS; 25 OFFICERS OF THE COURT; Defendants.
ORDER DENYING MOTION FOR RECONSIDERATION
(Docket No. 12)
Plaintiff, a California prisoner proceeding pro se, has filed a civil rights complaint under 42 U.S.C. 1983 seeking to have his conviction vacated. The case was dismissed without prejudice to filing a petition for a writ of habeas corpus under 28 U.S.C. 2254. Plaintiff has filed a notice of appeal, attached to which is a motion for rehearing. The motion reiterates claims that his constitutional rights were violated in the course of his criminal prosecution. Such claims are properly brought in habeas, not in a civil rights complaint under 42 U.S.C. 1983. See Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011). Consequently, the motion for rehearing is Denied.
IT IS SO ORDERED.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE