(HC)Gutierrez-Perez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMON GUTIERREZ-PEREZ, No. 2:22-cv-0643 AC P Petitioner, v. ORDER DAVID BREWER, Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, together with an application to proceed in forma pauperis. Petitioner has also filed a motion to compel the government to respond to the petition. ECF No. 5. Though styled as a § 2241 petition, petitioner’s claims should have been brought in an action for damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), or for injunctive relief under 28 U.S.C. § 1331. The petition alleges that petitioner has been approved for knee surgery since February 2020, but that the Bureau of Prisons (BOP) has been delaying his surgery in order to avoid having to pay for his treatment because he is projected to be released on August 26, 2022. ECF No. 1 at 6-7. Petitioner…