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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TODD ROBBEN, 12 Plaintiff, 13 14 No. 2:16-cv-2697 JAM KJN P v. ORDER EL DORADO COUNTY, et al., 15 Defendants. 16 Plaintiff was formerly housed at the Rio Cosumnes Correctional Center, but has been 17 18 transferred to the El Dorado County Jail. On September 19, 2017, plaintiff filed a motion to stay 19 this action based on his claim that the “Sacramento Sheriff destroyed legal papers and took away 20 legal supplies on a ‘shake-down’ of plaintiff on 9-12-17, 9-13-17, and 9-14-17.” (ECF No. 24 at 21 1.) Plaintiff claims that on September 18, 2017, he will begin trial in Case No. P17CRF0114 in 22 the Sacramento County Superior Court. (Id.) He “requests a stay of proceedings until further 23 notice.” (Id.) Sacramento County Superior Court records reflect that plaintiff’s jury trial was completed 24 25 inasmuch as his case was referred to probation for an original report on September 25, 2017, and 26 a “probation hearing and judgment and sentencing” is set for 9:00 a.m. on October 27, 2017.1 27 28 1 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 1 1 Given plaintiff’s return to the El Dorado County Jail, his claims concerning issues at the 2 Sacramento County facility are now moot. Plaintiff’s motion for stay is denied without prejudice. 3 In an abundance of caution, plaintiff is granted an additional fourteen days to comply with the 4 September 26, 2017 order. Failure to timely comply with this order will result in the dismissal of 5 this action. (ECF No. 25 at 2.) 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s motion (ECF No. 24) is denied without prejudice; 8 2. Within fourteen days from the date of this order, plaintiff shall comply with the 9 September 26, 2017 order by filing an amended complaint or a request to voluntarily dismiss this 10 11 action without prejudice; and 3. The Clerk of the Court shall re-serve a copy of the September 26, 2017 order (ECF No. 12 25) on plaintiff at the El Dorado County Jail. 13 Dated: October 13, 2017 14 15 16 17 /robb2697.stayd 18 19 20 21 22 23 24 25 26 27 28 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 2

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