Robben v. Dagostini

Filing 25

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/10/2017 GRANTING petitioner's motion for ifp status. The El Dorado County District Attorney's Office shall have 10 days to file a reply memorandum if it chooses.(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 Petitioner, 13 14 No. 2:17-cv-532 WBS GGH v. ORDER JOHN DAGOSTINI, 15 Respondent. 16 On August 7, 2017 this court issued an Order to petitioner to respond to the Motion to 17 18 Dismiss filed by the El Dorado District Attorney on July 17, 2017. ECF No. 15. Petitioner has 19 now filed an Opposition Memorandum, ECF No. 22, and provided proof that he has exhausted his 20 remedies through the California Supreme Court by an attachment of an Order of that court to his 21 Opposition. The El Dorado District Attorney’s office shall have 10 days from the date of this 22 Order to file any reply memorandum. At the receipt of a reply, or the expiration of the 10 day 23 period, this matter will be deemed submitted for decision. Further, the court has examined the affidavit provided by petitioner in support of his 24 25 Motion to Proceed In Forma Pauperis and has found that petitioner does not have the resources to 26 pay the fees and costs associated with this action. The request to proceed in forma pauperis will, 27 therefore, be granted. 28 //// 1 1 All other elements of the court’s August 7, 2017 Order remain in effect. 2 Petitioner complains that his personal property has not been transferred from the El 3 Dorado County Jail to his present site of incarceration at the Rio Consumnes Correctional Center 4 and he does not, therefore, have appropriate attire for court appearances. As there are no 5 scheduled federal court appearances, this is an issue that must be raised with his state, court 6 appointed attorney, the prosecuting attorney, or the Sacramento Superior Court. 7 In light of the foregoing IT IS THEREFORE ORDERED that: 8 1. Petitioner’s Motion for In Forma Pauperis status is GRANTED. 9 2. The El Dorado County District Attorney’s Office shall have 10 days from the date 10 11 12 13 14 of this Order to file a reply memorandum if it so chooses. IT IS SO ORDERED. Dated: August 10, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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