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HALL v. KANE

United States District Court, N.D. California


October 17, 2005.

BOYD HALL, Petitioner,
v.
ANTHONY KANE, Respondent.

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

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.*fn1

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) (ยง 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.

20051017

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