Opinion
Case No. CV 16-06206 SJO (RAO)
09-01-2016
TOMMY COLE, Petitioner, v. WARDEN, Respondent.
MEMORANDUM AND ORDER SUMMARILY DISMISSING ACTION
On August 18, 2016, Petitioner Tommy Cole ("Petitioner"), a California state prisoner proceeding pro se, filed a letter which the Court construes as a request for an extension of time to file a federal habeas petition. (Dkt. No. 1.) To date, however, Petitioner has not filed a habeas petition in this Court. A federal habeas action is commenced by filing a petition for writ of habeas corpus, and no habeas action is "pending" until such a petition is filed. See Woodford v. Garceau, 538 U.S. 202, 210, 123 S. Ct. 1398, 155 L. Ed 2d 363 (2003). /// /// /// ///
Accordingly, because there is no petition pending with the Court, IT IS THEREFORE ORDERED that this action be summarily dismissed without prejudice, and Petitioner's Request for Extension of Time to File Petition be denied as moot. DATED: September 1, 2016
/s/_________
S. JAMES OTERO
UNITED STATES DISTRICT JUDGE