Robben v. Dagostini

Filing 37

ORDER signed by Magistrate Judge Gregory G. Hollows on 08/30/17 denying 30 Motion for bail. (Plummer, M)

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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 No. 2:17-cv-00532 WBS GGH Petitioner, 13 v. 14 JOHN DAGOSTINI., 15 ORDER Respondent. 16 Petitioner, appearing pro se in this habeas corpus action has requested that this court to 17 18 grant him bail on his own recognizance while his habeas case pends, EC No. 30, and to take 19 action to arrest his prosecution in the Sacramento Superior Court on a number of grounds 20 including but not limited to his contention that the Judge assigned to his case has no authority to 21 preside over his prosecution, is biased against him, has impermissibly denied his Motion to 22 Disqualify under California Code of Civil Procedure section 170.6, and that the Sacramento 23 Superior Court has no jurisdiction to try the case. Id. Petitioner desires to get the ultimate relief which could be afforded in this habeas action 24 25 through the mechanism of filing many pre-final resolution motions. The court will not engage in 26 such. Petitioner has not shown the extraordinary circumstances which would allow bail pending 27 final resolution of this action. See Turner v. Yates, 2006 WL 1097319 (E.D. Cal. 2006). 28 //// 1 1 2 The request for bail is therefore denied without prejudice to its consideration in the final resolution of this case. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 Petitioner’s Motion for Bail and related relief is DENIED; 5 6 7 Dated: August 30, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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