James v. Emmens et al
Filing
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ORDER Denying 118 Plaintiff's Request to Take Judicial Notice of Proceedings in Another Case Regarding County Counsel. Signed by Magistrate Judge Nita L. Stormes on 06/01/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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KYLE ROBERT JAMES,
Case No.: 16cv2823 WQH (NLS)
Plaintiff,
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v.
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ORDER DENYING PLAINTIFF’S
REQUEST TO TAKE JUDICIAL
NOTICE OF PROCEEDINGS IN
ANOTHER CASE REGARDING
COUNTY COUNSEL
DEPUTY EMMENS, et al.,
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Defendants.
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[ECF No. 118]
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Plaintiff Kyle Robert James, proceeding pro se and in forma pauperis, filed this
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civil rights action under 42 U.S.C. § 1983. On May 30, 2018, Plaintiff filed a letter
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requesting that the Court take judicial notice of a court order in another case regarding an
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alleged contempt finding against county counsel Melissa Holmes. ECF No. 118.
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Plaintiff does not attach the court order, but instead attaches an article from the San
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Diego Union Tribune regarding the ruling. Id.
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The Court may take judicial notice of “a fact that is not subject to reasonable
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dispute because it . . . can be accurately and readily determined from sources whose
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accuracy cannot reasonably be questioned.” Fed. R. Evid. 201. Judicial notice, however,
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is inappropriate where the facts to be noticed are irrelevant. Ruiz v. City of Santa Maria,
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160 F.3d 543, 548 n.13 (9th Cir. 1998); Turnacliff v. Westly, 546 F.3d 1113, 1120 n.4
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(9th Cir. 2008); see also BofI Fed. Bank v. Erhart, No. 15CV2353 BAS (NLS), 2016 WL
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4150983, at *5 (S.D. Cal. Aug. 5, 2016); Kennedy v. Paramount Pictures Corp., No.
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16cv2823 WQH (NLS)
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12CV372-WQH-WMC, 2013 WL 1285109, at *3 (S.D. Cal. Mar. 27, 2013); Shalaby v.
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Bernzomatic, 281 F.R.D. 565, 571 (S.D. Cal. 2012). Here, Plaintiff has not explained
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how a court order regarding county counsel’s discovery conduct in another case has any
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bearing on his case. There are no pending motions in front of the Court where this
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information would be relevant. Moreover, Defendants are not even represented by the
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same county counsel. Thus, the Court DENIES the motion for judicial notice.
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IT IS SO ORDERED.
Dated: June 1, 2018
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16cv2823 WQH (NLS)
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