Sims v. Superior Court of State of Cal.

12 F.3d 1108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donnell Larry SIMS, Plaintiff-Appellant, v. SUPERIOR COURT OF the STATE OF CALIFORNIA; George Smith, Warden of Corcoran; Daniel E. Lungren, Attorney General for the State of California, Defendants-Appellees. No. 93-55685. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 3, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Donnell Larry Sims, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 complaint without prejudice. 1 Sims contends that his constitutional rights were violated because he did not receive a fair trial. We have jurisdiction under 28 U.S.C. Sec. 1291 and review de novo. See Noll v. Carlson, 809 F.2d 1446, 1447 (9th Cir.1987). We affirm. 3 A state prisoner's sole federal remedy for challenging the fact or duration of his confinement is a writ of habeas corpus. Young v. Kenny,…