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In re Grogg

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 23, 2010

RE: DOUGLAS E. GROGG

The opinion of the court was delivered by: John A. Mendez U. S. District Court Judge

MEMORANDUM

Honorable John A. Mendez United States District Judge Sacramento, California

REQUEST TO DISMISS SUPERSEDING PETITION

Your Honor:

A superseding petition dated April 13, 2010, was submitted to Court alleging a single charge that the offender failed to provide the probation officer with access to requested financial information. Through his attorney, the offender has provided the requested information regarding a pending civil settlement. On June 25, 2010, this officer was able to confirm with the United States Merit Systems Protection Board that the offender's appeal in Case No. SF-0752-0329-I-2 was dismissed on or about February 17, 2010. Therefore, the offender will not receive any settlement or back pay to apply towards his restitution.

In lieu of the above, and after speaking with Assistant United States Attorney John Vincent, it is recommended that the underlying superseding petition be dismissed and the status conference on said petition scheduled for July 27, 2010, be vacated.

Respectfully submitted,

SCOTT STOREY United States Probation Officer

Dated: July 22, 2010

REVIEWED BY: Cynthia J. Mazzei for

KYRIACOS M. SIMONIDIS Supervising United States Probation Officer

THE COURT FINDS PROBABLE CAUSE AND ORDERS:

(X ) The dismissal of Superseding Petition For Warrant Or Summons for Offender Under

Supervision dated April 13, 2010.

( ) Other: To keep matter on calendar on July 27, 2010, for a supervised releasee violation hearing.

20100723

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