Woodmore v. Hartley

Filing 17

ORDER DENYING Petitioner's 9 Motion for Judicial Notice as Unnecessary signed by Magistrate Judge Dennis L. Beck on 7/9/2009. (Sant Agata, S)

1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 JAMES D. HARTLEY, Warden 12 Respondent. 13 14 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 15 pursuant to 28 U.S.C. § 2254. 16 Petitioner filed the instant petition for writ of habeas corpus on January 8, 2009. (Court 17 Doc. 1.) On February 19, 2009, Respondent filed an answer to the petition, and on March 24, 18 2009, Petitioner filed a traverse. (Court Docs. 13, 16.) 19 In the interim, Petitioner filed a motion for the Court to take judicial notice of the 20 California Supreme Court's decision of In Re Lawrence, 44 Cal.4th 1181 (2008). Petitioner's 21 motion for judicial notice is unnecessary. A review of Petitioner's traverse reveals that he 22 throughly cited and analyzed the Lawrence decision. Therefore, Petitioner has sufficiently 23 alerted the Court to that decision, which will be duly reviewed and considered by the Court when 24 rendering a decision on the merits of the petition. Accordingly, Petitioner's motion for judicial 25 notice is DENIED as unnecessary. 26 IT IS SO ORDERED. 27 Dated: 28 3b142a / v. [Doc. 9] MICHAEL WOODMORE, Petitioner, 1:08-cv-01790-AWI-DLB (HC) ORDER DENYING PETITIONER'S MOTION FOR JUDICIAL NOTICE AS UNNECESSARY

UNITED STATES DISTRICT COURT

July 9, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 1