(HC) Estrada v. Fresno County Jail

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA RUDOLPH F. ESTRADA, No. 2:23-cv-0469 DB P 11 Petitioner, 12 v. ORDER FRESNO COUNTY JAIL, 14 Respondent.

16 Petitioner, a pretrial detainee1 proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not paid the filing fee or a request to proceed in forma pauperis. Petitioner has filed this action on the form for filing a petition for writ of habeas corpus. However, it appears that petitioner’s action may be better suited to an action pursuant to 42 U.S.C. § 1983 because he challenges a jail policy restricting items that inmates may receive through the mail. (See ECF No. 1 at 8-14.) “Federal law opens two main avenues to 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 (2004) (per curiam). “Challenges to the validity of any confinement or to particulars affecting its duration are the province of habeas corpus; request for relief turning on the circumstances of confinement may be presented in a § 1983 action.” Id. (internal citation omitted).

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 | 1s ultimately litigated through a petition for writ of habeas corpus or a § 1983 action, seeks to | challenge restrictions placed upon him during the course of his incarceration in the Fresno County | Jail. (See ECF No. 1 at 2, 8-14.) Fresno County is part of the Fresno Division of the United || 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 | division of a court may, on the court’s own motion, be transferred to the proper division of the | court. Therefore, this action will be transferred to the Fresno Division of the court. This court | 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 | California sitting in Fresno; and 13 2. All future filings shall reference the new Fresno case number assigned and shall be | filed at: United States District Court 15 Eastern District of California 2500 Tulare Street 16 Fresno, CA 93721 || Dated: March 22, 2023 0 BORAH BARNES UNITED STATES MAGISTRATE JUDGE 24 DB:12 DB/DB Prisoner Inbox/Habeas/R/estr0469.109