(PC) Thomas v. Pfeiffer et al
Filing
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ORDER DENYING 31 Plaintiff's Request for Clarification of Law and Judicial Notice signed by Magistrate Judge Stanley A. Boone on 1/28/2025. (Deputy Clerk JPX)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL THOMAS,
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Plaintiff,
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v.
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PALOMINO,
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No. 1:23-cv-01232-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR CLARIFICATION OF LAW AND
JUDICIAL NOTICE
(ECF No. 31)
Defendant.
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Plaintiff is proceeding pro se in this action filed pursuant to 42 U.S.C. § 1983. This action
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proceeds on Plaintiff’s deliberate indifference claim against Defendant Palomino.
On December 16, 2024, Defendant filed a motion for summary judgment for failure to
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exhaust the administrative remedies. (ECF No. 26.) On January 6, 2025, Defendant filed a
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motion to stay all merits-based discovery, which was granted on January 7, 2025. (ECF Nos. 27,
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28.)
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On January 10, 2025, Plaintiff filed an opposition to Defendant’s motion for summary
judgment, and Defendant filed a reply on January 24, 2025. (ECF Nos. 29, 30.)
On January 27, 2025, Plaintiff filed a statement of non-opposition to Defendant’s stay of
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merits-based discovery, and request for the Court to clarify the law and take judicial notice of
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certain factual findings. (ECF No. 31.) Therein, Plaintiff requests that the Court make specific
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findings regarding the mailbox rule, settlement conference proceedings, applicable deadlines, and
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access to legal property, in relation to the pending motion for summary judgment. (Id.)
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Plaintiff’s request must be denied. Plaintiff is advised that the Court does not issue
advisory opinions or provide legal advice, even to pro se litigation. See Chi. & S. Air Lines v.
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Waterman S. S. Corp., 333 U.S. 103, 113–14 (1948) (“This Court early and wisely determined
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that it would not give advisory opinions even when asked by the Chief Executive. It has also been
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the firm and unvarying practice of Constitutional Courts to render no judgments not binding and
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conclusive on the parties and none that are subject to later review or alteration by administrative
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action.” (citation omitted); see also Linger v. Conan Doyle Estate, Ltd., 755 F.3d 496, 498-499
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(7th Cir. 2014) (although “[i]t would be very nice to be able to ask federal judges for legal advice
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... advisory jurisdiction ... is ... inconsistent with Article III's limitation of federal jurisdiction to
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actual disputes.” (internal citations omitted)).
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In addition, there is no basis for the Court to take judicial notice of specific facts relating
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to Plaintiff’s access to his legal property. Federal Rule of Evidence 201 governs judicial notice.
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Under Rule 201, a court may take judicial notice of “an adjudicative fact if it is ‘not subject to
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reasonable dispute.’ ” Khoja v. Orexigen Therapeutics, Inc., 899 F.3d 988, 999 (9th Cir. 2018)
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(quoting Fed. R. Evid. 201(b)). A fact is “not subject to reasonable dispute” if it is “generally
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known,” or “can be accurately and readily determined from sources whose accuracy cannot
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reasonably be questioned.” Fed. R. Evid. 201(b). Plaintiff’s request that the Court take judicial
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notice of the fact that he does not have access to his grievance documents is not either generally
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known, or capable of accurate and ready determination by resort to sources whose accuracy
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cannot be questioned, and therefore is not subject to judicial notice. Nonetheless, Plaintiff is
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advised that the Court will consider all relevant facts and arguments when ruling on Defendant’s
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pending motion for summary judgment.
Based on the foregoing, it is HEREBY ORDERED that Plaintiff’s request for an advisory
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opinion and judicial notice is DENIED.
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IT IS SO ORDERED.
Dated:
January 28, 2025
STANLEY A. BOONE
United States Magistrate Judge
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