Warden

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ARIEL PANIAGUA, CASE NO. 2:20-cv-7613-JFW (SK)

Petitioner,

ORDER DISMISSING ACTION

v.

FOR LACK OF JURISDICTION

WARDEN,

Respondent.

Petitioner is a California state prisoner who filed a letter requesting an extension of time to file a federal habeas petition under 28 U.S.C. § 2254, leading the Clerk’s Office to open this action. (ECF 1). He contends that the COVID-19 pandemic and associated restrictions on his law library access should toll the federal statute of limitations under 28 U.S.C. § 2244(d)(1). But Petitioner has filed no actual petition presenting a justiciable “case” or “controversy.” Calderon v. Ashmus, 523 U.S. 740, 745 (1998). Without that, the Court has no jurisdiction to proceed. See, e.g., Harrison v. Warden, 2016 WL 6436826, at *1 (C.D. Cal. Oct. 31, 2016) (dismissing action for lack of jurisdiction where petitioner filed letter requesting extension of time to file federal habeas petition but no underlying petition); Casaburi v. Warden, 2013 WL 3367275, at *1 (C.D. Cal. July 3, 2013) (same). Moreover, the Court has no authority to preemptively extend the one- year limitations…