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Hall v. Kane

United States District Court, N.D. California
Oct 17, 2005
No. C 05-2737 MMC (PR) (N.D. Cal. Oct. 17, 2005)

Opinion

No. C 05-2737 MMC (PR).

October 17, 2005


ORDER OF DISMISSAL


This case was opened when petitioner filed a document titled "Motion for Request of Judicial Notice," in which petitioner requests that the Court take judicial notice of other cases being litigated in the federal courts.

A search of the Court's cases reveals that petitioner has no other cases pending in this Court for which this motion might have been intended.

Article III, Section 2 of the United States Constitution restricts adjudication in federal courts to "Cases" and "Controversies." See Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982). In the absence of an actual petition for a writ of habeas corpus or other civil complaint, there is no case or controversy for this Court to adjudicate. See Green v. United States, 260 F.3d 78, 82 (2d Cir. 2001) (§ 2255 motion). Moreover, the Court cannot discern from the filing whether petitioner can meet even the most basic requirements for proceeding with a habeas petition in federal court and, in particular, in the Northern District, such as proper jurisdiction and venue.

Accordingly, the above-entitled action is hereby DISMISSED without prejudice to petitioner's filing a petition for a writ of habeas corpus or a complaint for other relief.

This order terminates all pending motions.

The Clerk shall close the file.

IT IS SO ORDERED.


Summaries of

Hall v. Kane

United States District Court, N.D. California
Oct 17, 2005
No. C 05-2737 MMC (PR) (N.D. Cal. Oct. 17, 2005)
Case details for

Hall v. Kane

Case Details

Full title:BOYD HALL, Petitioner, v. ANTHONY KANE, Respondent

Court:United States District Court, N.D. California

Date published: Oct 17, 2005

Citations

No. C 05-2737 MMC (PR) (N.D. Cal. Oct. 17, 2005)