DeJohn Lamont Miller v. Charles Pfeifer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. 2:20-cv-01628-PSG (SK) Date March 13, 2020 Title DeJohn Lamont Miller v. Charles Pfeifer et al.
Present: The Honorable Steve Kim, U.S. Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE Petitioner, a California state prisoner, filed a motion for stay “to file a second or [successive] petition under 28 U.S.C. § 2254,” leading the Clerk’s Office to open this action, but without any accompanying § 2254 petition. (ECF 1 at 1). Without a habeas petition that presents a “case” or “controversy,” the Court not only has nothing to stay but lacks jurisdiction altogether. Calderon v. Ashmus, 523 U.S. 740, 746 (1998); see Casaburi v. Warden, 2013 WL 3367275, at *1 (C.D. Cal. July 3, 2013) (dismissing action for lack of jurisdiction where petitioner filed letter requesting extension of time to…