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Nguon v. Dickinson

United States District Court, E.D. California
Feb 11, 2010
No. CIV-S-10-0055 KJM P (E.D. Cal. Feb. 11, 2010)

Opinion

No. CIV-S-10-0055 KJM P.

February 11, 2010


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.


Summaries of

Nguon v. Dickinson

United States District Court, E.D. California
Feb 11, 2010
No. CIV-S-10-0055 KJM P (E.D. Cal. Feb. 11, 2010)
Case details for

Nguon v. Dickinson

Case Details

Full title:HUNG DUONG NGUON, Petitioner, v. KATHLEEN L. DICKINSON, Respondent

Court:United States District Court, E.D. California

Date published: Feb 11, 2010

Citations

No. CIV-S-10-0055 KJM P (E.D. Cal. Feb. 11, 2010)