Lewis v. McDonald
ORDER DISMISSING CASE. Signed by Judge William Alsup on 8/29/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 9/2/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 11-3913 WHA (PR)
ORDER OF DISMISSAL
For the Northern District of California
United States District Court
This case was opened when petitioner, a California prisoner proceeding pro se, filed a
request for “abeyance in this action” in the United States District Court for the Eastern District
of California. The case was then transferred here. There is no complaint or petition, however,
and as such there is no case or controversy. See Valley Forge Christian College v. Americans
United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982) (Article III, Section
2 of the United States Constitution restricts adjudication in federal courts to "Cases" and
"Controversies"). Accordingly, this case is DISMISSED without prejudice to filing a complaint
or petition that presents a case or controversy in a new action. To the extent petitioner wants an
abeyance of another case he has pending in federal court, he must file his request for an
abeyance in that case, not as a pleading in a new case.
The clerk shall enter judgment and close the file.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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