Saif'ullah v. Haviland

Filing 15

ORDER signed by Magistrate Judge Dale A. Drozd on 6/22/10 ORDERING that 14 Motion for judicial notice is DENIED as unnecessary.(Dillon, M)

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 Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 15, 2010, petitioner filed a request that this court take judicial notice of the recent decision in Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). The court is aware of decision in Hayward and will, of course, consider it in connection with the petition pending before the court. However, published decisions of the Ninth Circuit Court of Appeals, which are binding on this court, are not the appropriate subject of judicial notice. Accordingly, IT IS HEREBY ORDERED that petitioner's June 15, 2010 request for judicial notice is denied as unnecessary. DATED: June 22, 2010.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KHALIFAH E.D. SAIF'ULLAH, Petitioner, vs. JOHN HAVILAND, Warden, Respondent. / ORDER No. CIV S-09-3356 MCE DAD P

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