Nguyen v. Hunter
Docket: No. 04-56698; D.C. No. CV-04-00782-TJH
Court: Court of Appeals for the Ninth Circuit; May 16, 2005; Federal Appellate Court
Khanh Nguyen appeals the dismissal of his 28 U.S.C. § 2254 petition, which contested a state trial court's 2000 order committing him as a Sexually Violent Predator (SVP) for two years. The appellate court, having jurisdiction under 28 U.S.C. § 2253, affirms the district court's decision. The court finds that Nguyen is no longer “in custody” under the commitment order he challenges, and his current civil commitment has not been “enhanced” by the previous SVP commitment. Therefore, the district court correctly dismissed the petition for lack of jurisdiction, referencing relevant case law, including *Lackawanna County District Attorney v. Coss* and *Jackson v. California Department of Mental Health*. The decision is affirmed and noted as not suitable for publication or citation in the circuit courts, per Ninth Circuit Rule 36-3.