Warden

Derek Ames v. Warden

Good Law
United States District Court, Central District of CaliforniaMarch 9, 20212:21-cv-02019California429 words

Opinion

trial_court Opinion

JS-6

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

DEREK AMES, Case No. CV 21-02019-JWH (DFM)

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

WARDEN,

Respondent. On March 4, 2021, state prisoner Derek Ames (“Petitioner”), proceeding pro se, filed a request for an extension of time to file a federal petition for writ of habeas corpus. See Dkt. 1. Petitioner filed a similar request in Ames v. Warden, No. 21-01746-JWH-DFM (C.D. Cal. filed February 19, 2021). That case was dismissed without prejudice for lack of jurisdiction, as this one is. Petitioner is reminded that the Court is without jurisdiction to issue any orders until a federal habeas petition is actually filed. 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…

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