(HC) Robben v. Allison ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 TODD CHRISTIAN ROBBEN, No. 2:21-CV-0721-WBS DMC P 13 Petitioner, 14 v. ORDER 15 JIM ROBINSON, 16 Respondent. 17 18 ----oo0oo---- 19 Petitioner has moved for reconsideration of the court’s 20 order (Docket No. 25) adopting in part the Magistrate Judge’s 21 Findings and Recommendations (Docket No. 21). Petitioner has 22 also moved for a certificate of appealability. 23 The court declines to reconsider its order and declines 24 to issue a certificate of appealability under 28 U.S.C. § 25 2253(c). While one district court has held that a court may 26 allow a petitioner to challenge multiple convictions from the 27 same state court in a single proceeding (see Sandefur v. Olsen, 28 No. 3:21-cv-00125-MMD-WGC, 2021 WL 5371564 (D. Nev. Oct. 20, eee en een een nn nnn on nn nn nnn nn NE SN OS ND 1 2021)), the court, in its discretion, will not do so in this 2 case. See, e.g., Clarke v. Shasta County, Case No. 05-cv-2073 3 LKK PAN P, 2006 WL 1030181 (E.D. Cal. April 29, 2006) (holding 4 that petitioner may not challenge separate convictions of the 5 Shasta County Superior Court in a single proceeding). 6 | Accordingly, petitioner’s motion to reconsider (Docket No. 26) 7 and request for a certificate of appealability (Docket No. 27) 8 are DENIED. The court notes that its dismissal of the petition 9 | was without prejudice to refiling three separate petitions within 10 thirty days, and that time has not yet expired. 11 IT IS SO ORDERED . « 12 | Dated: October 12, 2022 Ah thaw A, Lh be WILLIAM B. SHUBB 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28