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In re Rosenbalm

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 17, 2007

IN RE. VINCENT ROSENBALM, PLAINTIFF.

The opinion of the court was delivered by: Susan Illston United States District Judge

ORDER OF DISMISSAL

Plaintiff has filed a 2-page document. The first page is labelled "citizens complaint," and complains about his criminal case in the Mendocino County Superior Court. The second page is a form "criminal complaint" against Judge Ronald Brown in which plaintiff alleges the judge denied him a lawyer and due process in that same criminal case. A petition for writ of habeas corpus is the exclusive method by which a person may challenge in this court the fact or duration of his confinement. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). Plaintiff must file a habeas petition if he wishes to challenge his state court criminal conviction or criminal proceedings, bearing in mind the limitations on pre-conviction habeas petitions that this court explained when it dismissed two of his earlier habeas petitions. See Order of Dismissal in Rosenbalm v. Pearce, No. C 06-7237 SI (pr), and Order of Dismissal in Rosenbalm v. Mendocino Superior Court, No. C 06-7412 SI (pr). Accordingly, this action is dismissed without prejudice to plaintiff filing a petition for writ of habeas corpus. The clerk shall close the file.

IT IS SO ORDERED.

20071217

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