Madden

JS-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

FRANCISCO ORTEGA, No. CV 20-07261-DSF (DFM)

Petitioner, Order Summarily Dismissing Petition for Lack of Jurisdiction and v. Administratively Closing Case

MADDEN, Warden,

Respondent.

On August 11, 2020, Francisco Ortega (“Petitioner”), a state prisoner proceeding pro se, filed a request for an extension of time to file a federal petition for writ of habeas corpus. See Dkt. 1. For the reasons discussed herein, this action is dismissed without prejudice for lack of jurisdiction. Article III of the Constitution “limits the jurisdiction of the federal courts to live cases and controversies.” Kittel v. Thomas, 620 F.3d 949, 951 (9th Cir. 2010) (citations omitted). An actual case or controversy exists when, throughout the litigation, a petitioner continues to have a “personal stake in the outcome” of the lawsuit and suffers some actual injury that is likely to be “redressed by a favorable judicial decision.” Spencer v. Kemna, 523 U.S. 1, 7 (1998) (citation omitted). A federal court lacks jurisdiction to consider the timeliness of a habeas petition…