Robben v. El Dorado County et al

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 10/13/2017 DENYING without prejudice plaintiff's 24 motion. Within 14 days, plaintiff shall comply with the 9/26/2017 order by filing an amended complaint or a request to voluntary dismiss this action without prejudice; and the Clerk shall re-serve a copy of the 9/26/2017 order on plaintiff at the El Dorado County Jail. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TODD ROBBEN,

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Plaintiff,

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No. 2:16-cv-2697 JAM KJN P

v.

ORDER

EL DORADO COUNTY, et al.,

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Defendants.

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Plaintiff was formerly housed at the Rio Cosumnes Correctional Center, but has been

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transferred to the El Dorado County Jail. On September 19, 2017, plaintiff filed a motion to stay

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this action based on his claim that the “Sacramento Sheriff destroyed legal papers and took away

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legal supplies on a ‘shake-down’ of plaintiff on 9-12-17, 9-13-17, and 9-14-17.” (ECF No. 24 at

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1.) Plaintiff claims that on September 18, 2017, he will begin trial in Case No. P17CRF0114 in

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the Sacramento County Superior Court. (Id.) He “requests a stay of proceedings until further

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notice.” (Id.)
Sacramento County Superior Court records reflect that plaintiff’s jury trial was completed

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inasmuch as his case was referred to probation for an original report on September 25, 2017, and

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a “probation hearing and judgment and sentencing” is set for 9:00 a.m. on October 27, 2017.1

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The court may take judicial notice of facts that are “not subject to reasonable dispute
because it . . . can be accurately and readily determined from sources whose accuracy cannot
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Given plaintiff’s return to the El Dorado County Jail, his claims concerning issues at the

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Sacramento County facility are now moot. Plaintiff’s motion for stay is denied without prejudice.

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In an abundance of caution, plaintiff is granted an additional fourteen days to comply with the

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September 26, 2017 order. Failure to timely comply with this order will result in the dismissal of

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this action. (ECF No. 25 at 2.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion (ECF No. 24) is denied without prejudice;

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2. Within fourteen days from the date of this order, plaintiff shall comply with the

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September 26, 2017 order by filing an amended complaint or a request to voluntarily dismiss this

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action without prejudice; and
3. The Clerk of the Court shall re-serve a copy of the September 26, 2017 order (ECF No.

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25) on plaintiff at the El Dorado County Jail.

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Dated: October 13, 2017

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/robb2697.stayd

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reasonably be questioned,” Fed. R. Evid. 201(b), including undisputed information posted on
official websites. Daniels-Hall v. National Education Association, 629 F.3d 992, 999 (9th Cir.
2010). It is appropriate to take judicial notice of the docket sheet of a California court. White v.
Martel, 601 F.3d 882, 885 (9th Cir. 2010). The address of the official website of the Sacramento
Superior Court is https://services.saccourt.ca.gov/PublicCaseAccess.
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