Opinion
2:21-CV-0721-WBS DMC P
10-12-2022
TODD CHRISTIAN ROBBEN, Petitioner, v. JIM ROBINSON, Respondent.
ORDER
WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE
Petitioner has moved for reconsideration of the court's order (Docket No. 25) adopting in part the Magistrate Judge's Findings and Recommendations (Docket No. 21). Petitioner has also moved for a certificate of appealability.
The court declines to reconsider its order and declines to issue a certificate of appealability under 28 U.S.C. § 2253(c). While one district court has held that a court may allow a petitioner to challenge multiple convictions from the same state court in a single proceeding (see Sandefur v. Olsen, No. 3:21-cv-00125-MMD-WGC, 2021 WL 5371564 (D. Nev. Oct. 20, 2021)), the court, in its discretion, will not do so in this case. See, e.g., Clarke v. Shasta County, Case No. 05-cv-2073 LKK PAN P, 2006 WL 1030181 (E.D. Cal. April 29, 2006) (holding that petitioner may not challenge separate convictions of the Shasta County Superior Court in a single proceeding). Accordingly, petitioner's motion to reconsider (Docket No. 26) and request for a certificate of appealability (Docket No. 27) are DENIED. The court notes that its dismissal of the petition was without prejudice to refiling three separate petitions within thirty days, and that time has not yet expired.
IT IS SO ORDERED