Lewis v. McDonald

Filing 5

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)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 DERRICE LEWIS, No. C 11-3913 WHA (PR) 9 Petitioner, ORDER OF DISMISSAL 10 MCDONALD, Warden, For the Northern District of California United States District Court v. 11 12 Respondent. / 13 14 This case was opened when petitioner, a California prisoner proceeding pro se, filed a 15 request for “abeyance in this action” in the United States District Court for the Eastern District 16 of California. The case was then transferred here. There is no complaint or petition, however, 17 and as such there is no case or controversy. See Valley Forge Christian College v. Americans 18 United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982) (Article III, Section 19 2 of the United States Constitution restricts adjudication in federal courts to "Cases" and 20 "Controversies"). Accordingly, this case is DISMISSED without prejudice to filing a complaint 21 or petition that presents a case or controversy in a new action. To the extent petitioner wants an 22 abeyance of another case he has pending in federal court, he must file his request for an 23 abeyance in that case, not as a pleading in a new case. 24 The clerk shall enter judgment and close the file. 25 IT IS SO ORDERED. 26 Dated: August 29 , 2011. 27 28 G:\PRO-SE\WHA\HC.11\LEWIS3913.DSM.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?