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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 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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