Neely v. Director of California Department of Corrections et al

Filing 64

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/18/2022 DENYING the 61 Motion for Discovery as premature and without prejudice and DENYING the 62 Motion for Judicial Notice. Petitioner shall REFRAIN from filing any further motions until the court renders a decision as to petitioner's motion for relief from judgment. (Spichka, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM STEWART NEELY, 12 Petitioner, 13 14 15 No. 2:08-cv-1416 WBS CKD P v. ORDER DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 16 Respondents. 17 Petitioner has filed a “motion for discovery” and “request for judicial notice.” This case 18 19 was closed on February 28, 2012, and petitioner’s motion for relief from judgment is under 20 consideration by the court. At this point, the motion for discovery is premature. The request for 21 judicial notice is not appropriate as none of the “facts” identified by petitioner are 1) generally 22 known within the court’s jurisdiction or 2) can accurately and readily be determined from sources 23 whose accuracy cannot reasonably be denied. See Fed R. Evid. 201. 24 Good cause appearing, IT IS HEREBY ORDERED that: 25 1. Petitioner’s motion for discovery (ECF No. 61) is denied as premature and without 26 prejudice to refiling if this case is re-opened. 27 ///// 28 ///// 1 1 2. Petitioner’s motion for judicial notice (ECF No. 62) is denied. 2 3. Petitioner shall refrain from filing any further motions until the court renders a decision 3 as to petitioner’s motion for relief from judgment. 4 Dated: November 18, 2022 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 neel1416.disc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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