Warden

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

MARK A. PHELPS, Case No. CV 21-02285-SB (DFM) Petitioner, Order Summarily Dismissing Petition for Lack of Jurisdiction and v. Administratively Closing Case

WARDEN,

Respondent.

On March 8, 2021, state prisoner Mark A. Phelps (“Petitioner”), proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus by a Person In State Custody. See Dkt. 1. The Petition, however, is a statement of intent to file a habeas petition and a request for equitable tolling due to continued COVID-19 restrictions. See id. For the reasons below, 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…