Chatman v. Evans

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/11 DENYING 31 Request for Judicial Notice. (Dillon, M)

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-KJN (TEMP)(HC) Chatman v. Evans Doc. 32 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 vs. M.S. EVANS, et al., Respondents. / Petitioner requests that the court take judicial notice of 22 pages of a psychology textbook written by Dennis Coon. Under Rule 201(b) of the Federal Rules of Evidence, "[a] judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." The information presented in the passage provided by petitioner does not fall within either category of //// //// //// //// //// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LARRY A. CHATMAN, Petitioner, No. CIV S-10-0264 KJM KJN (TEMP) P ORDER 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 facts described above. Therefore, IT IS HEREBY ORDERED that petitioner's March 7, 2011 request for judicial notice is denied. DATED: March 10, 2011 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE chat0264.rjn 2

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