Petit v. Unknown, No. 3:2015cv00266 - Document 2 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 05/12/2015. Copy mailed to Petit on 5/13/15(tjoh, )
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Petit v. Unknown Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA E I I IE MAY I 3 2015 Richmond Division E CLERK, U.S. DISTRICT COURT RICHMOND, VA ALLAN THOMAS PETIT, Petitioner, Civil Action No. 3:15CV266 v. UNKNOWN, Respondent. MEMORANDUM OPINION Petitioner, a Virginia prisoner proceedingpro se, submitted a "Notice of Appeal/Writ of Habeas Corpus 28 U.S.C. § 2254." ("Notice of Appeal," ECF No. 1.) Petitioner has not filed the standard forms for filing a habeas petition and states "it is [his] intention to file petition forms ... and brief by 7-21-2015." (Notice of Appeal 1.) In essence, Petitioner has submitted a request for an extension of time in which to file his 28 U.S.C. § 2254 petition. Federal courts, lack jurisdiction to consider the timeliness of a § 2254 petition until it is actually filed. Gregory v. Bassett, No. 3:07cv790, 2009 WL 455267, at *2 (E.D. Va. Feb. 23, 2009) (citations omitted); United States v. White, 257 F. App'x 608, 609 (4th Cir. 2007) (holding that no case or controversy existed before § 2255 motion was actually filed (citing UnitedStates v. Leon, 203 F.3d 162, 164 (2d Cir. 2000))). Because a § 2254 petition did not accompany Petitioner's Notice of Appeal and because the Notice of Appeal did not contain any cognizable claims for habeas relief, the action will be DISMISSED WITHOUT PREJUDICE. Dockets.Justia.com The Clerk is DIRECTED to mail Petitioner the standardized form for filing a § 2254 petition. If Petitioner wishes to file a § 2254 petition he must complete and returnthe form to the Court. An appropriate order shall issue. /si Date:^ ^ Richmond, Virginia James R. Spencer Senior U. S. District Judge
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