Wilson-v-NBS Default Service, LLC, et al

Filing 22

ORDER DENYING 17 , 18 , 19 , 20 JUDICIAL NOTICES. Signed by Judge Beth Labson Freeman on 1/3/2017. (blflc2S, COURT STAFF) (Filed on 1/3/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 :JEFFREY-MERRITT : WILSON, Case No. 16-cv-06253-BLF Plaintiff, 8 v. ORDER DENYING JUDICIAL NOTICES 9 10 NBS DEFAULT SERVICES, LLC, [Re: ECF 17, 18, 19, 20] Defendant. United States District Court Northern District of California 11 12 13 On December 30, 2016, Plaintiff filed the following four documents: (1) Mandatory 14 Judicial Notice Entry on the Record of Default of Claim Administrative Remedy, ECF 17; (2) 15 Judicial Notice Entry on the Record of Default of Claim Administrative Remedy, ECF 18; (3) 16 Judicial Notice “Affidavit of Truth” Re: Habeas Corpus, ECF 19; and (4) Judicial Notice of 17 Appointment of Fiduciary, ECF 20. 18 Plaintiff previously filed a document similar to (1)–(3), above, see ECF 14, which the 19 Court denied because there was no underlying motion and because the document did not appear to 20 be of the type subject to judicial notice because the Court was unaware of its origins. See Order 21 Denying Mandatory Judicially Noticed Evidence, ECF 15; see also Fed. R. Evid. 201(b) (courts 22 may take judicial notice of facts that are “not subject to reasonable dispute”); Lee v. City of Los 23 Angeles, 250 F.3d 668, 688 (9th Cir. 2001) (taking judicial notice of documents on which 24 complaints necessarily rely); Metzler Inv. GMBG v. Corinthian Colls., Inc., 540 F.3d 1049, 1064 25 n.7 (9th Cir. 2008) (taking judicial notice of publicly available financial documents such as SEC 26 filings). The Court now DENIES (1)–(3), above, for the same reasons. Moreover, as stated in the 27 Court’s previous order, these documents have no force or effect. 28 The Court also DENIES Plaintiff’s Judicial Notice of Appointment of Fiduciary in which 1 he “nominate[s] and [ ] appoint[s] Beth Labson Freeman / BETH LABSON FREEMAN, a Judge 2 or successor Judge as being qualified to fulfill the position of the public ‘Fiduciary/Trustee’ for the 3 corporate entity described above in all-capital-letter assemblages = JEFFREY MERRITT 4 WILSON, TRUST[.]” See ECF 20. There is no authority for taking this action, and it shall have 5 no force or effect. 6 IT IS SO ORDERED. 7 8 9 10 Dated: January 3, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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