Danilo E. Garcia, Jr. v. City of West Covina, et al.

Opinion

1 2

4 5 6

7 10

11 DANILO E. GARCIA, JR., Case No. 18-CV-953 VAP (SHK) 12 Plaintiff, 13 v. MEMORANDUM AND ORDER 14 DENYING EXTENSION REQUEST CITY OF WEST COVINA, et al., AND SUMMARILY DISMISSING 15 ACTION 16 Defendants. 17 18 19 On February 6, 2018, Danilo E. Garcia, Jr. (“Mr. Garcia”), who is currently 20 incarcerated, filed a “Request for Extension” to file a “Civil Complaint, Civil 21 Cover Sheet, Certification And Notice Of Interest [sic] Parties, Request To 22 Proceed In Forma Pauperis With Declaration in Support.” Electronic Case Filing 23 Number (“ECF No.”) 1 at 1-2. Mr. Garcia states that these documents are due by 24 February 9, 2018. Id. at 1. It is unclear, why Mr. Garcia believes this is the case. 25 Under Article III of the Constitution, federal courts may only adjudicate 26 actual cases or controversies. U.S. Nat’l Bank v. Independent Ins. Agents of Am., 27 Inc., 508 U.S. 439, 446, 113 S. Ct. 2173, 124 L. Ed. 2d 402 (1993). Because Mr. 1 | controversy properly before the Court. Therefore, the Court lacks jurisdiction to 2 | grant a request for extension of time to file certain documents, which may or may 3 | not be timely. See McDade v. Warden, No. CV 10-08507 JVS (SS), 2010 WL 4 | 4795377, at *1 (C.D. Cal. Nov. 16, 2010) (no jurisdiction to decide timeliness or 5 | entitlement to equitable tolling in advance of filing of Section 2254 petition); see 6 | also United States v. Cook, 795 F.2d 987, 994 (Fed. Cir. 1986) (district court erred 7 | by tolling statute of limitations in advance of the filing of potential claims). 8 IT IS ORDERED that Mr. Garcia’s Request for Extension of Time is 9 | DENIED, and that Judgment be entered summarily dismissing this action, without 10 | prejudice. IT IS FURTHER ORDERED that the Clerk of Court serve a copy of 11 | this Order and the Judgment on Mr. Garcia at his current address of record. 12 13 14 | Dated: February 28, 2018 Q.., ? he □ I Vigpni= Oo Phin 16 United States District Judge Presented by: 18

20 | HON. SHASHI H. KEWALRAMANI 21 | United States Magistrate Judge 22 23 24 25 26 27 28