Ricky Sam Sisneros v. M D Biter

Filing 3

ORDER by Judge Percy Anderson: DENYING MOTION 1 AND DISMISSING ACTION WITHOUT PREJUDICE: (See document for further details.) (rla)

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1 FILED 2 3 o FEB - 6 2012 4 CLERK, U.S. DISTRICT COURT CENTRAL DISTRI ~TI OF CALIFORNIA. \I AT S~NTA ANA SOUTHERN DIVI~ 8Y I] ../ DEPUTY 5 6 V/ 7 -" UNITED STATES DISTRICT C)URT 8 CENTRAL DISTRICT OF CALIFORNIA 9 WESTERN DIVISION 10 11 ) ) ) ) ) ) ) ) ) ) RICKY SAM SISNEROS, 12 Petitioner, 13 v. 14 M.D. BITER, WARDEN, 15 Respondent. 16 Case No. CV 12-0756-PA (MLG) ORDER DENYING MOTION AND DISMISSING ACTION WITHOUT PREJUDICE 17 Ricky Sam Sisneros, a California state prisoner, has filed an 18 application with the Court requesting an extension of time in which 19 to file a petition for writ of habeas corpus pursuant to 28 U.S.C. 20 § 21 state conviction or any claims for relief. Rather, 22 that on February 2, 23 petition for review, but that his appellate attorney did not inform 24 him of the denial until September 9, 2011. Sisneros also claims that 25 his appellate attorney has not yet sent him the transcripts and 26 documents that he needs or order to prepare and file his section 2254 27 petition. He seeks an extension of time to May 2, 2012, in which to 28 file a petition in this Court. It appears that Sisneros is seeking 2254. He does not provide any information concerning the underlying 2011, he only states the California Supreme Court denied a' 1 to suspend the running of the one-year limitations period set forth 2 in 28 U.S.C. 3 For the reasons stated below, the motion is denied and this matter 4 is dismissed without prejudice. 5 The § 2244(d) for the filing of a habeas corpus petition. Constitution's "case or controversy" jurisdictional 6 requirement precludes the granting of relief like that requested by 7 Petitioner, because there are no adverse parties before the Court and 8 there is no concrete dispute for this Court to decide. See Valley 9 Forge Christian ColI. v. Americans United for Separation of Church 10 and State, Inc., 454 U.S. 464, 471 (1982) 11 U.S. 202, 207-08, 123 S.Ct. 1398, 155 L.Ed.2d 363 12 civil actions in general begin with the filing of a complaint, a 13 habeas action begins with the filing of an application for habeas 14 corpus relief), Bjorn v. Warden, 2009WL 1392089 (N.D. Cal. 2009) (In 15 absence of concrete dispute, federal court cannot grant extension of 16 time to file habeas corpus petition) 17 1703750 (N.D. Cal. 2007) ("In the absence of an actual petition for 18 a writ of habeas corpus or other civil complaint, there is no case 19 or controversy for this Court to adjudicate.") i In re Brockett, 2006 20 WL 1329675 (N.D. Cal. 2006) 21 162, 22 jurisdiction to consider the timeliness of a 23 a petition actually is filed) i 24 91069, 25 limitations period to file 164 at (2d *1 Cir. (D. Woodford v. Garceau, 538 (2003) Chairez v. Adams, (just as 2007 WL see also United States v. Leon, 203 F.3d i 2000) (holding Conn. i i that federal § request court lacks 2255 petition until United States v. 1998) (denying § a Clarke, for 1998 WL extension of 2255 motion) . 26 Petitioner must file a habeas corpus petition in this Court 27 before the Court may act upon either his substantive claims or on any 28 claim that he might be entitled to either statutory or equitable 2 1 tolling of the limitations period. The Court simply does not have 2 jurisdiction to extend the time for 3 opinion as to the timeliness of a petition. 4 5 filing or give an advisory For the foregoing reason, the motion is DENIED and this action is dismissed without prejudice. 6 7 Dated: February 6, 2012 8 9 10 Percy Anderson United States District Judge 11 12 Presented By: 13 14 15 16 ·di~~,· Marc L. Goldman United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 3

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