Furnace v. Cope et al

Filing 16

ORDER Denying 3 Request for Judicial Notice Filed on March 28, 2016, signed by Magistrate Judge Barbara A. McAuliffe on 1/23/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD FURNACE,

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Plaintiff,

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v.

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B. COPE, et al.,

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Defendants.

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Case No.: 1:16-cv-00420-LJO-BAM (PC)
ORDER DENYING REQUEST FOR JUDICIAL
NOTICE FILED ON MARCH 28, 2016
(ECF No. 3)

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Plaintiff Edward Furnace (“Plaintiff”) 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. On March 28, 2016, Plaintiff filed his

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original complaint in this action, along with a request for judicial notice in support of that complaint.

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(ECF Nos. 1, 3). However, on May 5, 2016, Plaintiff filed a first amended complaint.1 (ECF No. 10).

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Given that Plaintiff’s first amended complaint supersedes the original complaint, Lacey v.

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Maricopa Cnty., 693 F.3d 896, 927 (9th Cir. 2012), Plaintiff’s request for judicial notice in support of

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the original complaint is now moot. Accordingly, Plaintiff’s motion for judicial notice, filed on March

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In connection with his first amended complaint, Plaintiff filed a second request for judicial notice on June 29,
2016, along with a declaration in support of his request for judicial notice on July 7, 2016. (ECF Nos. 13, 14). On
December 9, 2016, Plaintiff filed a third request for judicial notice (ECF No. 15). The Court will address Plaintiff’s second
and third requests for judicial notice in conjunction with the screening of his first amended complaint.

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28, 2016, is HEREBY DENIED as moot. Plaintiff is advised that his first amended complaint will be

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screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 23, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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