(HC) Estrada v. Fresno County Jail

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RUDOLPH F. ESTRADA, No. 2:23-cv-0469 DB P Petitioner, v. ORDER FRESNO COUNTY JAIL, Respondent. 15 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. § 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…