Von Villas v. Pallares, et al.

Filing 15

ORDER DENYING Plaintiff's 10 Request for Judicial Notice and Request for Screening Order and Extension of Time in Case No. : 1:14-cv-01063-LJO-GSA, signed by Magistrate Judge Jennifer L. Thurston on 10/7/14. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:13-cv-01869-LJO-JLT (PC)
ROBERT A. VON VILLAS,
Plaintiff,

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v.

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ORDER DENYING PLAINTIFF'S
REQUEST FOR JUDICIAL NOTICE and
REQUEST FOR SCREENING ORDER AND
EXTENSION OF TIME IN CASE No.: 1:14-cv01063-LJO-GSA

PALLARES, et al.,
(Doc. 10)
Defendants.

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Plaintiff, Robert A. Von Villas, is a state prisoner who is currently proceeding pro se in

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 18,

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2013. (Doc. 1.) On July 28, 2014, Plaintiff filed a document entitled "Notice Advising Court

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Defendants filed Motion of Removal, Request for Screening Order, and Request for Extension of

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Time to Respond Under Different Case Number." (Doc. 10.) In that document, Plaintiff

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requested that notice be taken in this case that he filed a notice of objection to a defense notice of

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removal, and requests both a screening order and an extension to respond in Von Villas v.

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Pallares, E.D. Case No. 1:14-cv-01063-LJO-GSA.1 (Id.)
Under Federal Rule of Evidence 201, “[t]he court may judicially notice a fact that is not

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subject to reasonable dispute because it: (1) is generally known within the court’s territorial

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Case No. 1:14-cv-01063-LJO-GSA was recently dismissed as duplicative of this action.

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jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot

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reasonably be questioned.’” Fed.R.Evid. 201. While judicial notice may be taken of undisputed

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matters of public record, including documents on file in federal or state courts, Harris v. County

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of Orange, 682 F.3d 1126, 1132 (2012), ref. Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th

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Cir.2001), Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n. 2 (9th Cir.2002), there is nothing

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currently pending in this action to which Plaintiff's request for judicial notice may apply. This

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action has been screened and is currently awaiting Plaintiff's action of either filing a first

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amended complaint or notification that he desires to proceed only on claims found to be

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cognizable.2

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Further, the Court cannot grant a request in this action for a screening order and an

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extension of time in another action. Plaintiff should have filed any requests applicable to Case

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No. 1:14-cv-01063-LJO-GSA in that action.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff's request for notice to be taken of

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objections he filed in 1:14-cv-01063-LJO-GSA as well as for a screening order and extension of

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time therein, filed July 28, 2014 (Doc. 10), be DENIED.

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IT IS SO ORDERED.
Dated:

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October 7, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Plaintiff recently requested and received an extension of time to do so. (See Docs. 12, 13, 14.)

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