Rodriguez v. Vega

Filing 31

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/27/2015 DENYING 30 Motion for Judicial Notice as moot. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE DEJESUS RODRIGUEZ,

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Plaintiff,

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No. 2:15-cv-0158 GGH PS

v.

ORDER

VERONICA VEGA,

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Defendant.

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Plaintiff is proceeding in this action pro se and in forma pauperis pursuant to 28 U.S.C. §

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1915 m .1
Presently before the court is plaintiff’s request for judicial notice, filed November 12,

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2015. The request seeks judicial notice of an administrative decision by the California

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Department of Health Care Services, issued August 1, 2008, ordering San Joaquin County to

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rescind the June 10, 2008 NOA informing plaintiff that his July 6, 2007 application for Medi-Cal

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benefits was denied. The County was ordered to approve and issue Medi-Cal benefits effective

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April, 2007 provided plaintiff was otherwise eligible.
This court’s order of November 9, 2015 addressed the matters sought to be raised by

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This action is before the undersigned pursuant to the parties’ consent to proceed before a
magistrate judge. 28 U.S.C. § 636(c).

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plaintiff’s Request for Judicial Notice, which would not change the result of that order.2

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Therefore, the request will be denied as moot. Should plaintiff seek to include any pertinent facts

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from his Request in his second amended complaint, he is free to do so.

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Accordingly, IT IS ORDERED that: Plaintiff’s motion for judicial notice, filed

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November 12, 2015, (ECF No. 30), is denied as moot.

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Dated: November 27, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Rodriguez0158.rjn

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Defendant’s motion to dismiss was denied in part and plaintiff was directed to file a second
amended complaint within 28 days of that order. (ECF No. 29).
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