D'Agostini
(HC) Toft v. D'Agostini
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID TOFT, No. 2:22-cv-0016 DB P Petitioner, v. ORDER AND JOHN D’AGOSTINI, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a pretrial detainee housed at the El Dorado County Jail, filed a petition for a writ of habeas corpus and an affidavit in support of an application to proceed in forma pauperis. Examination of the affidavit reveals petitioner is unable to afford the costs of this action. Leave to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a). Because petitioner is a pretrial detainee, the court construes the petition as being brought under 28 U.S.C. § 2241.1 I. Petitioner’s Allegations Petitioner seeks relief pertaining to the bail process or the amount set for bail in his state criminal case. (ECF No. 1 at 3.) Petitioner alleges he has been out on bail but has also been jailed five times, including three times when he showed up to court. (Id.) He alleges he paid…