Jacobs v. Quinones et al

Filing 40

ORDER DENYING Judicial Notice and STRIKING Plaintiff's "Status Report" From the Docket in This Case 38 , signed by Magistrate Judge Jennifer L. Thurston on 11/18/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE E. JACOBS, IV,

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Plaintiff,

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v.

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QUINONES, et al

Case No. 1:10-cv-02349-AWI-JLT (PC)
ORDER DENYING JUDICIAL NOTICE AND
STRIKING PLAINTIFF'S "STATUS REPORT"
FROM THE DOCKET IN THIS CASE
(Doc. 38)

Defendants.

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Plaintiff, George E. Jacobs, IV, is a state prisoner proceeding pro se and in forma

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pauperis, in this civil rights action pursuant to 42 U.S.C. ' 1983 which he filed on December 13,

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2010. On November 12, 2013, Plaintiff filed a document entitled "Status Report Concerning

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Defendant T.L. Williams." (Doc. 38.) In this status report, Plaintiff states that he wants ". . . the

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Court to take notice that on November 2 and 3rd, 2013 Plaintiff was physically escorted to the

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recreation yard (4B Yard S.H.U. 4 Right Housing Unit) by Defendant T.L. Williams. When

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recreation yard time was completed [he] further noticed Defendant T.L. Williams exit 4 Left

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Housing Unit on the 4 B yard to assist 4 Right Housing Unit guards with their yard recall

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program." (Id.) Plaintiff does not ask for any specific action by the Court other than notice be

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taken. (Id.)

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AA judicially noticed fact must be one not subject to reasonable dispute in that it is either

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(1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate
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and ready determination by resort to sources whose accuracy cannot reasonably be questioned.@

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Fed. R. Evid. 201(b); United States v. Bernal Obeso, 989 F.2d 331, 333 (9th Cir. 1993). Plaintiff's

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status report is his recounting of events as he experienced them. It does not contain facts that are

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generally known within this Court's territorial jurisdiction, nor are the facts within it capable of

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accurate and ready determination by resort to sources whose accuracy cannot reasonably be

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questioned. Judicially noticeable facts are items such as the National Weather Service's recorded

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weather on a specific date in a specific location, or court records. See Colonial Penn Ins. Co. v.

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Coil, 887 F.2d 1236, 1239 (4th Cir. 1989); Mullis v. United States Bank. Ct., 828 F.2d 1385, 1388

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n.9 (9th Cir. 1987); Rodic v. Thistledown Racing Club, Inc., 615 F.2d 736, 738 (6th. Cir. 1980);

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Valerio v. Boise Cascade Corp., 80 F.R.D. 626, 635 n. 1 (N.D. Cal.1978), aff'd, 645 F.2d 699

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(9th Cir.). Plaintiff's status report is not judicially noticeable just because he filed it in this action.

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It is nothing more than a declaration by a party to an action, which is not something that can be

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judicially noticed.
If Plaintiff filed his status report hoping to preserve or edify his rendition of events, he did

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so in error as the First Informational Order in this case notes that the Court cannot serve as a

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repository for the parties' evidence, that he may not file evidence with the Court until the course

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of litigation brings the evidence into question, and that evidence improperly submitted to the

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court will be returned or stricken. (Id., at p. 4.) If Plaintiff feels that the events he has detailed in

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his letter have amounted to a violation of his constitutional rights, his recourse is to file another

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action.

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Accordingly, Plaintiff's request for judicial notice in his "Status Report Concerning

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Defendant T.L. Williams," filed November 12, 2013 (Doc. 38), is DENIED and the document is

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HEREBY STRICKEN.

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IT IS SO ORDERED.
Dated:

November 18, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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