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

Opinion

DANILO E. GARCIA, JR., Case No. 18-CV-953 VAP (SHK) Plaintiff, v. MEMORANDUM AND ORDER DENYING EXTENSION REQUEST CITY OF WEST COVINA, et al., AND SUMMARILY DISMISSING ACTION Defendants. On February 6, 2018, Danilo E. Garcia, Jr. (“Mr. Garcia”), who is currently incarcerated, filed a “Request for Extension” to file a “Civil Complaint, Civil Cover Sheet, Certification And Notice Of Interest [sic] Parties, Request To Proceed In Forma Pauperis With Declaration in Support.” Electronic Case Filing Number (“ECF No.”) 1 at 1-2. Mr. Garcia states that these documents are due by February 9, 2018. Id. at 1. It is unclear, why Mr. Garcia believes this is the case. Under Article III of the Constitution, federal courts may only adjudicate actual cases or controversies. 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 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 prejudice. IT IS FURTHER ORDERED that the Clerk of Court serve a copy of this Order and the Judgment on Mr. Garcia at his current address of record. Dated: February 28, 2018 Q.., ? he □ I Vigpni= Oo Phin United States District Judge Presented by:

HON. SHASHI H. KEWALRAMANI United States Magistrate Judge