Jones v. PVSP, et al
Filing
151
ORDER DENYING 150 Request for Judicial Notice filed by Tyrone Jones, signed by Magistrate Judge Sandra M. Snyder on 7/2/2010. (Marrujo, C)
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(PC) Jones v. PVSP, et al
Doc. 151
1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendants. 14 15 Plaintiff Tyrone Jones is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action pursuant to 42 U.S.C. § 1983. On June 28, 2010, Plaintiff filed a request for judicial 17 notice. 18 "A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) 19 generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and 20 ready determination by resort to sources whose accuracy cannot reasonably be questioned." Fed. R. 21 Evid. 201(b). While "[j]udicial notice may be taken at any stage of the proceeding," Fed. R. Evid. 22 201(f), the Court will not take judicial notice of matters in a vacuum. The request must be made in 23 conjunction with a proceeding or filing in which it would be appropriate to take judicial notice of 24 the matters requested. 25 In this instance, Plaintiff is not requesting that the Court take judicial notice of a fact in 26 support of a matter currently before the Court. Rather, Plaintiff disagrees with the manner in which 27 Defendants are conducting discovery. There is no discovery dispute presently before the Court and 28 1
Dockets.Justia.com
UNITED STATES DISTRICT COURT
TYRONE JONES, Plaintiff, v.
CASE NO. 1:01-cv-05287-AWI-SMS PC ORDER DENYING REQUEST FOR JUDICIAL NOTICE (Doc. 150)
PLEASANT VALLEY STATE PRISON, et al., /
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Plaintiff's disagreement with the form or content of Defendants' discovery requests is not properly subject to judicial notice in any event. Accordingly, Plaintiff's request for judicial notice is HEREBY ORDERED DENIED.
IT IS SO ORDERED. Dated: icido3 July 2, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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