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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUANE ANGELO GITTENS, No. 2:22-cv-01708-KJM-EFB (HC) Petitioner, v. ORDER UNKNOWN, Respondent. 16 Petitioner is a state prisoner without counsel. He has captioned this action as a “petition [to] the court to file [an] original bill of lading.” ECF No. 1 at 1. He has paid the $5 filing fee appropriate for habeas actions.1 Petitioner’s filing, however, does not sound in habeas. As discussed below, the petition must be dismissed. See Rule 4, Rules Governing § 2254 Cases (requiring summary dismissal of habeas petition if, upon initial review by a judge, it plainly appears “that the petitioner is not entitled to relief in the district court”). ///// 24 1 A civil action, by contrast, requires the filing of a complaint and carries a $402 filing fee. 25 Fed. R. Civ. P. 3; 28 U.S.C. § 1914.

26 2 On December 9, 2022, the court recommended that this action be dismissed because petitioner had neither paid the filing fee nor sought…