Bishop v. Harrington et al

Filing 78

ORDER Denying Plaintiff's Third Request For Judicial Notice (ECF Nos. 74 , 76 ), signed by Magistrate Judge Stanley A. Boone on 10/1/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BISHOP,

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Plaintiff,
v.
KELLY HARRINGTON, et al.,
Defendants.

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Case No.: 1:11-cv-00094-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S THIRD
REQUEST FOR JUDICIAL NOTICE
[ECF Nos. 74, 76]

Plaintiff Robert Bishop is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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Now pending before the Court is Plaintiff’s third request for the Court to take judicial notice of

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certain documents, along with a motion to amend his third request for judicial notice to substitute to an

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exhibit to the original motion. (ECF Nos. 74, 76.) Plaintiff requests the Court to take judicial notice

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of several inmate request for interview forms.

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Rule 201 of the Federal Rules of Evidence permits a court to take judicial notice of any facts

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which may be “accurately and readily determined from sources whose accuracy cannot reasonably be

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questioned.” Fed. R. Evid. 201(b) and (d). However, a Court may only take judicial notice of facts

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contained in a state agency’s records where the facts are not subject to a reasonable dispute.” Brown

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v. Valoff, 422 F.3d 926, 931 n. 7 (9th Cir. 2005).

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First, Plaintiff does not provide any basis other than the attachment of documents to the motion

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to support a finding of judicial notice, and the Court cannot determine the relevancy of the documents.

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Second, the Court will not take judicial notice of documents in a vacuum and these documents are not

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the type of adjudicative facts that are judicially noticeable. See Fed. R. Evid. 201. Accordingly,

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Plaintiff’s third request for judicial notice is DENIED.

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IT IS SO ORDERED.

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Dated:

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October 1, 2015
UNITED STATES MAGISTRATE JUDGE

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