(PC) Haynie v. Esquerra et al

Filing 12

ORDER DENYING 10 Plaintiff's Request for Judicial Notice, signed by Magistrate Judge Helena M. Barch-Kuchta on 12/12/2022. (Maldonado, C)

Case 2:22-cv-02204-DB Document 12 Filed 12/12/22 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONELL HAYNIE,

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Plaintiff,

Case No. 1:20-cv-01663-HBK (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR JUDICIAL NOTICE

v.
(Doc. No. 10)
CASSANDRA SYSOUVANH,

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Defendant.

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Plaintiff Donell Haynie (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s second amended

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complaint filed on September 1, 2022 (Doc. No. 9, SAC) is due for screening under 28 U.S.C. §

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1915A. Pending before the Court is Plaintiff’s motion requesting the Court take judicial notice of

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the decision from California Department of Corrections and Rehabilitation related to his appeal of

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his grievance for this instant action. (Doc. No. 10). Plaintiff included a copy of CDCR’s decision

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response, his request to implement remedies, and a one-page written memorandum from CDCR.

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(Id. at 4-6).

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Federal Rule of Evidence 201 permits a court to take judicial notice of facts that are “not

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subject to reasonable dispute” because they are either “generally known within the trial court's

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territorial jurisdiction,” or they “can be accurately and readily determined from sources whose
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Case 2:22-cv-02204-DB Document 12 Filed 12/12/22 Page 2 of 2
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accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b). Plaintiff does not state the

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significance of the documents or for what reason the Court should take judicial notice of these

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documents. Further, the documents contain allegations that are not the types of adjudicative facts

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that are typically judicially noticeable. Further, to the extent he seeks to demonstrate that he has

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exhausted his administrative remedies, a prisoner is not required to affirmatively plead

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exhaustion.

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Accordingly, it is ORDERED:

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Plaintiff’s motion for judicial notice (Doc. No. 10) is DENIED.

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Dated:

December 12, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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