Opinion
Case No. CV 15-5271-BRO (KK)
07-24-2015
DEMARCUS MONTE GIVAN, Petitioner, v. K. SANTORO, Warden, Respondent.
MEMORANDUM AND ORDER SUMMARILY DISMISSING ACTION
On July 14, 2015, "Petitioner" Demarcus Monte Givan, a California state prisoner who has not yet actually filed a Petition for a Writ of Habeas Corpus in this Court, filed a "Motion and Request for Stay and Abeyance." (ECF Docket No. 1). It appears Petitioner is seeking to stay this action so he can exhaust certain claims for habeas relief in state court, before pursuing a Petition for a Writ of Habeas Corpus in this Court. (Id.).
The Court cannot grant Petitioner's request. Under Article III of the U.S. Constitution, federal courts may only adjudicate cases or controversies, and may not issue advisory opinions. U.S. Nat'l Bank v. Independent Ins. Agents of Am., Inc., 508 U.S. 439, 446, 113 S. Ct. 2173, 124 L. Ed. 2d 402 (1993). Because Petitioner has not actually filed a federal habeas petition challenging his conviction or sentence, there is no case or controversy properly before the Court. See Carr v. California, No. CV 13-4045-PSG (JC), 2013 WL 3053093 (C.D. Cal. June 14, 2013) (dismissing action for lack of a case or controversy where habeas petitioner filed motion to stay action without actually filing a federal habeas petition); Myrick v. Sec'y, No. CV 09-8898-GHK (CW), 2010 WL 144361 (C.D. Cal. Jan. 6, 2010) (same). The Court therefore lacks jurisdiction to grant a motion to stay this action.
IT IS THEREFORE ORDERED that Petitioner's Motion and Request for Stay and Abeyance is DENIED, and that Judgment be entered summarily dismissing this action without prejudice. DATED: July 24, 2015
/s/_________
HON. BEVERLY REID O'CONNELL
UNITED STATES DISTRICT JUDGE
Presented by: /s/_________
KENLY KIYA KATO
UNITED STATES MAGISTRATE JUDGE