Johnson v. Rodriguez

Filing 15

ORDER Regarding 6 Plaintiff's Request for Judicial Notice, signed by Magistrate Judge Stanley A. Boone on 9/20/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEONARD JOHNSON,

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Plaintiff,

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v.
HUMBERTO RODRIGUEZ,

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Defendant.

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Case No.: 1:12-cv-00820-AWI-SAB (PC)
ORDER REGARDING PLAINTIFF’S REQUEST
FOR JUDICIAL NOTICE
(ECF No. 6)

Plaintiff Leonard Johnson is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983.
On May 24, 2012, Plaintiff filed a request for judicial notice pursuant to Rule 201 of the

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Federal Rules of Civil Procedure. To his motion, Plaintiff merely attaches a copy of the complaint

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that was removed by Defendant from state court.

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Pursuant to Rule 201 of the Federal Rules of Civil Procedure, the Court may take judicial

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notice of the existence of court records. See United States v. Wilson, 631 F.2d 118, 119 (9th Cir.

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1980).

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Plaintiff does not provide any basis other than to attach the complaint to the motion to support

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a finding of judicial notice. The only judicially noticeable fact was the fact that his complaint was

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filed in the Fresno County Superior Court on March 14, 2012, and removed and filed in this Court on

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May 16, 2012, of which this Court takes judicial notice. Asdar Group v. Pillsbury, Madison & Sutro,
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99 F.3d 289, 290 N. 1 (9th Cir. 1996) (court may take judicial notice of the pleadings and court orders

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in earlier related proceeding). The Court notes, however, that it does not take judicial notice of the

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veracity of any arguments or facts presented in the complaint. See, e.g., Lee v. City of Los Angeles,

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250 F.3d 668, 690 (9th Cir. 2001) (a court may take judicial notice of another court’s opinion, but not

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the truth of the facts recited there).

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Based on the foregoing, Plaintiff’s request for judicial notice as to the existence and date of the
filing of the complaint is GRANTED, but denied in all other respects.

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IT IS SO ORDERED.

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Dated:

September 20, 2013

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UNITED STATES MAGISTRATE JUDGE
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