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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TODD ROBBEN,

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Petitioner,

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No. 2:17-cv-532 WBS GGH

v.

ORDER

JOHN DAGOSTINI,

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Respondent.

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On August 7, 2017 this court issued an Order to petitioner to respond to the Motion to

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Dismiss filed by the El Dorado District Attorney on July 17, 2017. ECF No. 15. Petitioner has

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now filed an Opposition Memorandum, ECF No. 22, and provided proof that he has exhausted his

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remedies through the California Supreme Court by an attachment of an Order of that court to his

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Opposition. The El Dorado District Attorney’s office shall have 10 days from the date of this

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Order to file any reply memorandum. At the receipt of a reply, or the expiration of the 10 day

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period, this matter will be deemed submitted for decision.
Further, the court has examined the affidavit provided by petitioner in support of his

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Motion to Proceed In Forma Pauperis and has found that petitioner does not have the resources to

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pay the fees and costs associated with this action. The request to proceed in forma pauperis will,

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therefore, be granted.

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All other elements of the court’s August 7, 2017 Order remain in effect.

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Petitioner complains that his personal property has not been transferred from the El

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Dorado County Jail to his present site of incarceration at the Rio Consumnes Correctional Center

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and he does not, therefore, have appropriate attire for court appearances. As there are no

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scheduled federal court appearances, this is an issue that must be raised with his state, court

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appointed attorney, the prosecuting attorney, or the Sacramento Superior Court.

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In light of the foregoing IT IS THEREFORE ORDERED that:

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1.

Petitioner’s Motion for In Forma Pauperis status is GRANTED.

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2.

The El Dorado County District Attorney’s Office shall have 10 days from the date

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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

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