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Nguon v. Dickinson

February 11, 2010

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



ORDER

On February 4, 2010, petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. In his petition, he challenges the filing fee charged by the California Victim Compensation and Government Claims Board.

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

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