(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARLON ROBERSON, 12 No. 2:24-cv-0281 KJN P Petitioner, 13 v. 14 ORDER PATRICK EATON, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of mandate, together 17 18 with an application to proceed in forma pauperis. Review of the petition demonstrates that the instant action was improvidently opened as a 19 20 new case. In Roberson v. People of the State of California, No. 2:22-cv-1557 DAD DB P (E.D. 21 Cal.), 1 petitioner filed a petition for writ of mandate on January 22, 2024, and exhibits supporting 22 such petition. Id. (ECF No. 23 and 23-1.) Thus, the Clerk of the Court is directed to file the 23 instant petition and motion to proceed in forma pauperis in case No. 2:22-cv-1557 DAD DB P, 24 and the instant case shall be terminated. Petitioner shall refer to case No. 2:22-cv-1557 DAD DB 25 P in future filings related to his request for writ of mandate. 26 27 28 1 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). 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court is directed to file the instant petition and motion to proceed in 3 forma pauperis (ECF Nos. 1 & 2) in Roberson v. People of the State of California, No. 2:22-cv- 4 1557 DAD DB (E.D. Cal.); and 5 6 2. This action (No. 2:24-cv-0281 KJN) is terminated. Dated: February 5, 2024 7 8 9 10 /robe0281.clo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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