Rodriguez v. Sampson
Filing
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ORDER signed by Magistrate Judge Allison Claire on 7/25/2018 DENYING 20 Plaintiff's request for judicial notice; the Findings and Recommendations 19 are hereby VACATED; Plaintiff shall have 30 days from the date of this order to file his Second Amended Complaint in compliance with the undersigned's order 17 ; and Plaintiff is cautioned that failure to timely comply with this order may lead to a recommendation that the action be dismissed. (Reader, L)
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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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No. 2:17-cv-01479 JAM AC PS
Plaintiff,
v.
ORDER
JOYCE SAMPSON,
Defendant.
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The court is in receipt of plaintiff’s objections to the undersigned’s Findings and
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Recommendations and request for judicial notice. ECF No. 20. Having reviewed the submission,
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the court will vacate the Findings and Recommendations at ECF No. 19. However, the request
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for judicial notice will be denied.
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The court may take notice of facts that are capable of accurate and ready determination by
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resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b); United
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States v. Bernal-Obeso, 989 F.2d 331, 333 (9th Cir. 1993). Here, plaintiff requests the court take
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judicial notice of a separate criminal matter involving the plaintiff. ECF No. 20. “However, if an
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exhibit is irrelevant or unnecessary to deciding the matters at issue, a request for judicial notice
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may be denied.” Neylon v. Cty. of Inyo, No. 1:16-CV-0712 AWI JLT, 2016 WL 6834097, at *4
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(E.D. Cal. Nov. 21, 2016) (citing Adriana Intern. Corp. v. Thoeren, 913 F.2d 1406, 1410 n.2 (9th
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Cir. 1990). Because the state court records are not pertinent, the court will deny the request.
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IT IS HEREBY ORDERED that:
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1. Plaintiff’s request for judicial notice, ECF No. 20, is DENIED;
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2. The Findings and Recommendations, ECF No. 19, are hereby VACATED;
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3. Plaintiff shall have 30 days from the date of this order to file his second amended
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complaint in compliance with the undersigned’s order dated April 5, 2018 (ECF
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No. 17); and
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4. Plaintiff is cautioned that failure to timely comply with this order may lead to a
recommendation that the action be dismissed.
IT IS SO ORDERED.
DATED: July 25, 2018.
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