IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 11, 2010
HUNG DUONG NGUON, PETITIONER,
KATHLEEN L. DICKINSON, RESPONDENT.
On January 7, 2010, petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. In the petition, petitioner challenges the $350 filing fee for 42 U.S.C. § 1983 actions.
The court can only entertain a petition for writ of habeas corpus under 28 U.S.C. § 2254 on the ground that a state prisoner is in custody in violation of state law. Because petitioner's claim does not challenge his custody, it is not appropriate for a § 2254 action. Therefore, this case will be dismissed. See Rule 4, Rules Governing Sec. 2254 Cases.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's request to proceed in forma pauperis is granted; and
2. This action is dismissed.
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