Franklin v. Dudley et al

Filing 36

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/9/09 ORDERING that the 11/2/09 declaration be stricken from the dkt in this case and the clerk file the declaration in case number 2:08-cv-1223 BHS. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 See Case No. CIV-S-05-1442 JKS GGH. A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT DUANE FRANKLIN, Plaintiff, vs. G. DUDLEY, Defendant. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On November 3, 2009, plaintiff filed a document styled "declaration in support of opposition to defendant Miller and Roches' partial motion to dismiss." However, this action is not proceeding against such defendants. It appears that plaintiff's declaration should have been filed in another action plaintiff is litigating, Franklin v. Dudley, 2:08-cv-1223 BHS, but that plaintiff provided the wrong case number when filing the declaration.1 In the action designated as case number 2:08-cv-1223 BHS, there is an outstanding motion to dismiss filed by defendants Miller and Roche. ORDER No. CIV S-07-2259 FCD EFB P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Accordingly, it is hereby ORDERED that the November 3, 2009 declaration be stricken from the docket in this case and that the Clerk of the Court file the declaration in the action designated as case number 2:08-cv-1223 BHS. Dated: December 9, 2009. 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?