Duarte-Celestino

MEMORANDUM ***

Orlando Duarte-Celestino appeals the district court’s denial of his request to compel discovery, hold an evidentiary hearing, and impose sanctions against the United States for bringing charges against Duarte-Celestino that were eventually dismissed without prejudice. Because there is no a case or controversy pending, we lack jurisdiction to hear this appeal under Article III of the Constitution. See Neb. Press Ass’n v. Stuart, 427 U.S. 539, 546 , 96 S.Ct. 2791 , 49 L.Ed.2d 683 (1976) (noting that federal courts’ authority under Article III is limited to actual cases and controversies).

In order to have standing pursuant to Article III, a party must show (1) injury in fact, (2) a causal connection between the injury and the conduct complained of, and (3) that the injury is redressable. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). Duarte-Celestino cannot meet these criteria. The district court’s dismissal without prejudice of the criminal information against Duarte-Celestino has the legal effect of the information never having been filed. See United States v. California, 932 F.2d 1346, 1351 (9th Cir.1991); see also…