United States District Court, N.D. California
October 17, 2005.
BOYD HALL, Petitioner,
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) (§ 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
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.
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