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

. 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

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,

2254, and a complaint under . . .

.” Muhammad v. Close,

, 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