(HC) Estrada v. Fresno County Jail

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RUDOLPH F. ESTRADA Case No. 1:23-cv-00444-ADA-CDB (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS THAT THE PETITION

v. FOR WRIT OF HABEAS CORPUS BE

DISMISSED WITH PREJUDICE

FRESNO COUNTY JAIL, (ECF No. 7) Respondent. 16

Petitioner Rudolph F. Estrada (“Petitioner”) is a state prisoner proceeding pro se with a petition

for writ of habeas corpus that the Court construes to be filed pursuant to 28 U.S.C. § 2254. (ECF No. 1.) On March 29, 2023, the assigned Magistrate Judge completed a screening of the petition. (ECF No. 7.) The Magistrate Judge found Petitioner’s constitutional claims were related to the conditions of the Petitioner’s confinement rather than its legality, and, accordingly, are not cognizable in a federal habeas corpus proceeding. (Id. at 2-4.) The Magistrate Judge, therefore, held that Petitioner’s claims may be raised, if at all, in a § 1983 civil rights actions and directed the Clerk of Court to send…