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Nguon v. Dickinson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 11, 2010

HUNG DUONG NGUON, PETITIONER,
v.
KATHLEEN L. DICKINSON, RESPONDENT.

ORDER

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.

20100211

© 1992-2010 VersusLaw Inc.



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