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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TODD ROBBEN,

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No. 2:17-cv-00532 WBS GGH
Petitioner,

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v.

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JOHN DAGOSTINI.,

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ORDER

Respondent.

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Petitioner, appearing pro se in this habeas corpus action has requested that this court to

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grant him bail on his own recognizance while his habeas case pends, EC No. 30, and to take

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action to arrest his prosecution in the Sacramento Superior Court on a number of grounds

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including but not limited to his contention that the Judge assigned to his case has no authority to

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preside over his prosecution, is biased against him, has impermissibly denied his Motion to

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Disqualify under California Code of Civil Procedure section 170.6, and that the Sacramento

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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

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through the mechanism of filing many pre-final resolution motions. The court will not engage in

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such. Petitioner has not shown the extraordinary circumstances which would allow bail pending

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final resolution of this action. See Turner v. Yates, 2006 WL 1097319 (E.D. Cal. 2006).

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The request for bail is therefore denied without prejudice to its consideration in the final
resolution of this case.

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In accordance with the above, IT IS HEREBY ORDERED that:

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Petitioner’s Motion for Bail and related relief is DENIED;

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Dated: August 30, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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