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)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DERRICE LEWIS,

No. C 11-3913 WHA (PR)

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Petitioner,

ORDER OF DISMISSAL

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MCDONALD, Warden,
For the Northern District of California

United States District Court

v.
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Respondent.
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This case was opened when petitioner, a California prisoner proceeding pro se, filed a
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request for “abeyance in this action” in the United States District Court for the Eastern District
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of California. The case was then transferred here. There is no complaint or petition, however,
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and as such there is no case or controversy. See Valley Forge Christian College v. Americans
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United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982) (Article III, Section
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2 of the United States Constitution restricts adjudication in federal courts to "Cases" and
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"Controversies"). Accordingly, this case is DISMISSED without prejudice to filing a complaint
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or petition that presents a case or controversy in a new action. To the extent petitioner wants an
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abeyance of another case he has pending in federal court, he must file his request for an
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abeyance in that case, not as a pleading in a new case.
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The clerk shall enter judgment and close the file.
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IT IS SO ORDERED.
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Dated: August

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, 2011.

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G:\PRO-SE\WHA\HC.11\LEWIS3913.DSM.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE