Jones v. California State Superior Courts, et al.

Filing 18

ORDER denying 16 Request for Court to take Judicial Notice of Administrative Remedy not available signed by Magistrate Judge Barbara A. McAuliffe on 11/6/2017. (Lundstrom, T)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENO A. JONES, 12 13 14 15 16 17 18 19 Case No. 1:17-cv-00232-DAD-BAM (PC) Plaintiff, v. CALIFORNIA SUPERIOR COURTS, et al., ORDER DENYING REQUEST FOR COURT TO TAKE JUDICIAL NOTICE OF ADMINISTRATIVE REMEDY NOT AVAILABLE (ECF No. 16) Defendants. Plaintiff Deno A. Jones (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s second request for the Court to take judicial notice 20 that his administrative remedies are not available, filed November 2, 2017. (ECF No. 16.) 21 Plaintiff attaches copies of inmate request for interview forms, inmate appeals, an order from the 22 Fifth District Court of Appeal of California in Case No. F076113, a letter from Kings Court 23 reporters, and a case summary of Case No. 17C-0133. (Id.) 24 As Plaintiff has been previously informed, Rule 201(b) of the Federal Rules of Evidence 25 provides that a court may judicially notice a fact that is not subject to reasonable dispute because 26 it: (1) is generally known within the trial court’s territorial jurisdiction; or (2) can be accurately 27 and readily determined from sources whose accuracy cannot reasonably be questioned. Fed. R. 28 Evid. 201(b). The Court does not have any matter pending for decision, to which these requests 1 1 for judicial notice relate. The Court finds it prudent to take judicial notice of facts, as appropriate 2 under Evid.Rule 201, only when they relate to matters pending before the Court. Plaintiff may 3 later request the Court take judicial notice of a fact when that fact becomes relevant to a matter 4 pending before the Court. 5 Plaintiff is reminded that, pursuant to the Court’s First Informational Order of February 6 21, 2017, the Court will not serve as a repository for evidence. (ECF No. 3 at 3.) Plaintiff may 7 not file evidence (including prison records) with the Court until it becomes necessary to do so in 8 connection with a motion for summary judgment, trial, or the Court requests otherwise. Should 9 Plaintiff continue to improperly submit evidence to the Court under the premise of seeking 10 11 12 judicial notice, such evidence may be stricken or returned to Plaintiff. (Id. at 3.) Accordingly, Plaintiff’s request for judicial notice (ECF No. 16), is HEREBY GRANTED DENIED. 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara November 6, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?