Unknown

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CHRISTOPHER J. GREEN, CASE NO. 2:20-cv-8751-DSF (SK)

Petitioner,

ORDER DISMISSING ACTION

v.

FOR LACK OF JURISDICTION

UNKNOWN,

Respondent.

Petitioner is a California state prisoner who filed a letter requesting an extension of time to file a federal habeas petition, leading the Clerk’s Office to open this action. (ECF 1). He claims he was unable to file a timely petition before his limitations period lapsed because he was involved in (what appear to be) family court proceedings. (Id.). But Petitioner has filed no actual petition presenting a justiciable “case” or “controversy.” Calderon v. Ashmus, 523 U.S. 740, 745 (1998). Without that necessary case-opening petition, 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 petition but no underlying petition); Casaburi v. Warden, 2013 WL 3367275, at *1 (C.D. Cal. July 3, 2013) (same). Nor can the Court prospectively determine the timeliness of an unfiled petition. See,…