Petit v. Unknown

Filing 2

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 05/12/2015. Copy mailed to Petit on 5/13/15(tjoh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

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MAY I 3 2015

Richmond Division

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CLERK, U.S. DISTRICT COURT
RICHMOND, VA

ALLAN THOMAS PETIT,
Petitioner,

Civil Action No. 3:15CV266

v.

UNKNOWN,

Respondent.
MEMORANDUM OPINION

Petitioner, a Virginia prisoner proceedingpro se, submitted a "Notice of Appeal/Writ of

Habeas Corpus 28 U.S.C. § 2254." ("Notice of Appeal," ECF No. 1.) Petitioner has not filed
the standard forms for filing a habeas petition and states "it is [his] intention to file petition
forms ... and brief by 7-21-2015." (Notice of Appeal 1.) In essence, Petitioner has submitted a

request for an extension of time in which to file his 28 U.S.C. § 2254 petition.
Federal courts, lack jurisdiction to consider the timeliness of a § 2254 petition until it is

actually filed. Gregory v. Bassett, No. 3:07cv790, 2009 WL 455267, at *2 (E.D. Va. Feb. 23,
2009) (citations omitted); United States v. White, 257 F. App'x 608, 609 (4th Cir. 2007) (holding
that no case or controversy existed before § 2255 motion was actually filed (citing UnitedStates
v. Leon, 203 F.3d 162, 164 (2d Cir. 2000))). Because a § 2254 petition did not accompany
Petitioner's Notice of Appeal and because the Notice of Appeal did not contain any cognizable
claims for habeas relief, the action will be DISMISSED WITHOUT PREJUDICE.

The Clerk is DIRECTED to mail Petitioner the standardized form for filing a § 2254

petition. If Petitioner wishes to file a § 2254 petition he must complete and returnthe form to the
Court.

An appropriate order shall issue.

/si

Date:^ ^
Richmond, Virginia

James R. Spencer
Senior U. S. District Judge