(HC) Roberson v. Eaton

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 2/5/2024 DIRECTING the Clerk to file the instant #1 petition and #2 motion to proceed ifp in Roberson v. People of the State of California, No. 2:22-cv-1557 DAD DB (E.D. Cal.), and this action (No. 2:24-cv-0281 KJN) is terminated. CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARLON ROBERSON,

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No. 2:24-cv-0281 KJN P

Petitioner,

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v.

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ORDER

PATRICK EATON,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of mandate, together

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with an application to proceed in forma pauperis.
Review of the petition demonstrates that the instant action was improvidently opened as a

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new case. In Roberson v. People of the State of California, No. 2:22-cv-1557 DAD DB P (E.D.

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Cal.), 1 petitioner filed a petition for writ of mandate on January 22, 2024, and exhibits supporting

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such petition. Id. (ECF No. 23 and 23-1.) Thus, the Clerk of the Court is directed to file the

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instant petition and motion to proceed in forma pauperis in case No. 2:22-cv-1557 DAD DB P,

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and the instant case shall be terminated. Petitioner shall refer to case No. 2:22-cv-1557 DAD DB

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P in future filings related to his request for writ of mandate.

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A court may take judicial notice of court records. See, e.g., Bennett v. Medtronic, Inc., 285
F.3d 801, 803 n.2 (9th Cir. 2002) (“[W]e may take notice of proceedings in other courts, both
within and without the federal judicial system, if those proceedings have a direct relation to
matters at issue”) (internal quotation omitted).
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to file the instant petition and motion to proceed in

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forma pauperis (ECF Nos. 1 & 2) in Roberson v. People of the State of California, No. 2:22-cv-

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1557 DAD DB (E.D. Cal.); and

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2. This action (No. 2:24-cv-0281 KJN) is terminated.
Dated: February 5, 2024

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/robe0281.clo

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