(HC) Estrada v. Fresno County Jail ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RUDOLPH F. ESTRADA, No. 2:23-cv-0469 DB P 11 Petitioner, 12 v. ORDER 13 FRESNO COUNTY JAIL, 14 Respondent. 15 16 Petitioner, a pretrial detainee1 proceeding pro se, has filed an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or a request to 18 proceed in forma pauperis. Petitioner has filed this action on the form for filing a petition for writ 19 of habeas corpus. However, it appears that petitioner’s action may be better suited to an action 20 pursuant to 42 U.S.C. § 1983 because he challenges a jail policy restricting items that inmates 21 may receive through the mail. (See ECF No. 1 at 8-14.) “Federal law opens two main avenues to 22 relief on complaints related to imprisonment: a petition for writ of habeas corpus, 28 U.S.C. § 23 2254, and a complaint under . . . 42 U.S.C. § 1983.” Muhammad v. Close, 540 U.S. 749, 750 24 (2004) (per curiam). “Challenges to the validity of any confinement or to particulars affecting its 25 duration are the province of habeas corpus; request for relief turning on the circumstances of 26 confinement may be presented in a § 1983 action.” Id. (internal citation omitted). 27 28 1 Petitioner indicates that criminal charges against him are “pending.” (ECF No. 1 at 6.) 1 Additionally, upon review of the application, it is clear that petitioner’s claim, whether it 2 | 1s ultimately litigated through a petition for writ of habeas corpus or a § 1983 action, seeks to 3 | challenge restrictions placed upon him during the course of his incarceration in the Fresno County 4 | Jail. (See ECF No. 1 at 2, 8-14.) Fresno County is part of the Fresno Division of the United 5 || States District Court for the Eastern District of California. See Local Rule 120(d). 6 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 7 | division of a court may, on the court’s own motion, be transferred to the proper division of the 8 | court. Therefore, this action will be transferred to the Fresno Division of the court. This court 9 | will not rule on petitioner’s request to proceed in forma pauperis. 10 Good cause appearing, IT IS HEREBY ORDERED that: 11 1. This action is transferred to the United States District Court for the Eastern District of 12 | California sitting in Fresno; and 13 2. All future filings shall reference the new Fresno case number assigned and shall be 14 | filed at: United States District Court 15 Eastern District of California 2500 Tulare Street 16 Fresno, CA 93721 17 || Dated: March 22, 2023 18 19 0 BORAH BARNES UNITED STATES MAGISTRATE JUDGE 21 22 23 24 DB:12 DB/DB Prisoner Inbox/Habeas/R/estr0469.109 25 26 27 28