Cochran v. Aguirre, et al.

Filing 42

ORDER DENYING 41 Plaintiff's Motion for Judicial Notice of Second Amended Complaint signed by Magistrate Judge Stanley A. Boone on 7/6/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BILLY COY COCHRAN,

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Plaintiff,

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v.
E. AGUIRRE,

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Defendant.

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Case No.: 1:15-cv-01092-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
JUDICIAL NOTICE OF SECOND AMENDED
COMPLAINT
[ECF No. 41]

Plaintiff Billy Coy Cochran is appearing pro se in this civil rights action pursuant to 42 U.S.C.

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§ 1983.
On June 24, 2016, Plaintiff filed a motion for judicial notice of the second amended complaint.

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(ECF No. 41.) Plaintiff moves the Court to take judicial notice of the second amended complaint and

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exhibits to establish facts that are generally known and/or can be accurately and readily determined

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from sources whose accuracy cannot be reasonably questioned. (Id.) Plaintiff’s motion must be

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denied.

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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 citation to the second amended

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complaint and attached exhibits to support a finding of judicial notice, and the Court cannot determine

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the relevancy of the documents. Second, the Court will not take judicial notice of documents in a

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vacuum and the documents referenced by Plaintiff are not the type of adjudicative facts that are

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judicially noticeable. See Fed. R. Evid. 201. Accordingly, Plaintiff’s request for judicial notice is

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DENIED.

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IT IS SO ORDERED.

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Dated:

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July 6, 2016
UNITED STATES MAGISTRATE JUDGE

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