Prum v. Macomber

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/01/16 denying 18 Motion for judicial notice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHANREASMEY PRUM,

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Petitioner,

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No. 2:15-cv-0905 TLN CKD P

v.

ORDER

JEFF MACOMBER,

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Respondent.

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Petitioner is proceeding pro se and in forma pauperis with a petition pursuant to 28 U.S.C.

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§ 2254. The petition has been fully briefed. Before the court is petitioner’s motion for judicial

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notice of two jury instructions given in the criminal trial that resulted in his 2009 conviction.

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(ECF No. 18.) Respondent has not opposed the motion.
On June 2, 2015, the court directed respondent to file a response to the petition

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“accompanied by all transcripts and other documents relevant to the issues presented in the

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petition.” (ECF No. 8.) Such records include the jury instructions given at petitioner’s criminal

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trial. (See ECF No. 16.) Because the court routinely takes judicial notice of all such relevant

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records from the state criminal proceedings underlying the challenged conviction in a § 2254

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action, petitioner’s motion will be denied as moot.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for judicial notice (ECF

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No. 18) is denied as moot.

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Dated: February 1, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / prum0905.ord

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