Warden

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

11 DANIEL A. MARTINEZ, Case No. 2:21-cv-6989-FLA (MAR) 12 Petitioner, 13 v. ORDER DENYING MOTION FOR

EXTENSION OF TIME, DISMISSING

WARDEN, MATTER WITHOUT PREJUDICE,

Respondent. AND DENYING CERTIFICATE OF

APPEALABILITY

18 I. INTRODUCTION Daniel A. Martinez (“Petitioner”), a California state prisoner, has constructively filed1 a letter requesting an extension of time for filing his federal habeas petition. ECF Docket No. (“Dkt.”) 1 at 1. For the reasons stated below, Petitioner’s Motion for an Extension of Time is denied, and the action is dismissed without prejudice. /// ///

27 1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to II. SUMMARY OF THE PROCEEDINGS On April 15, 2020, the California Court of Appeal denied Petitioner’s state habeas petition. Dkt. 1 at 1. On August 24,…