Williams v. Price et al

Filing 53

ORDER DENYING Plaintiff's Request for Judicial Notice, signed by Magistrate Judge Stanley A. Boone on 03/25/2019. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COREY WILLIAMS,

ORDER DENYING PLAINTIFF’S
REQUEST FOR JUDICIAL NOTICE

Plaintiff,

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Case No. 1:18-cv-00102-LJO-SAB (PC)

v.
(ECF No. 52)

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BRANDON PRICE, et al.,

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Defendants.

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Plaintiff Corey Williams, a civil detainee, is appearing pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. On January 25, 2019, Defendants Price and

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Ahlin filed a motion to dismiss and a request for judicial notice. (ECF Nos. 44, 45.) Plaintiff

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filed an opposition on February 19, 2019. (ECF No. 46.) Defendants filed a reply on February

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26, 2019.

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recommending denying Defendants’ motion to dismiss. (ECF No. 49.) On March 18, 2019,

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Plaintiff filed a surreply which was stricken from the record. (ECF Nos. 50, 51.) On March 21,

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2019, Plaintiff filed a request for judicial notice in support of his surreply. (ECF No. 52.)

(ECF No. 48.)

On March 14, 2019, findings and recommendations issued

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Initially, as Plaintiff’s surreply has been stricken from the record, Plaintiff’s request for

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judicial notice is moot. Further, Plaintiff seeks for the Court to take judicial notice of the fact

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that he was required to purchase electronic game consoles from specific venders and encloses a

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page from a Walkenhorst’s catalog showing that the Xbox 360 had no Wi-Fi capability. Under

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the Federal Rules of Civil Procedure, a court may take judicial notice of a fact that is “not subject

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to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of

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the trial court or (2) capable of accurate and ready determination by resort to sources whose

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accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b).

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Whether Plaintiff is required to purchase his gaming console from a specific vendor and

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the information contained on the printed page of the catalog are not the types of facts that are

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subject to judicial notice as they are subject to reasonable dispute. Despite the fact that the

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description states that the X-Box has no Wi-Fi capability, Defendants contend that the device

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can be modified to allow it to connect to the internet. Therefore, Plaintiff’s facts are not subject

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to judicial notice.
Accordingly, Plaintiff’s request for judicial notice is HEREBY DENIED.

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IT IS SO ORDERED.

14 Dated:

March 25, 2019
UNITED STATES MAGISTRATE JUDGE

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