James v. Emmens et al

Filing 63

ORDER Granting Plaintiff's Request to Take Judicial Notice of Appellate Opinion (ECF No. 62 ). Signed by Magistrate Judge Nita L. Stormes on 11/16/2017.(All non-registered users served via U.S. Mail Service)(ajs)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 KYLE ROBERT JAMES, Case No.: 16cv2823 WQH (NLS) Plaintiff, 10 11 v. 12 ORDER GRANTING PLAINTIFF’S REQUEST TO TAKE JUDICIAL NOTICE OF APPELLATE OPINION DEPUTY EMMENS, et al., 13 Defendants. [ECF No. 62] 14 15 Plaintiff Kyle Robert James, proceeding pro se and in forma pauperis, filed this 16 civil rights action under 42 U.S.C. § 1983. On November 6, 2017, Plaintiff filed a letter 17 requesting that the Court take judicial notice of a recent order by the California Court of 18 Appeal wherein Plaintiff contends that his conviction was reversed. ECF No. 62. 19 Plaintiff fears that as a result of this order, he will be returned to the custody of Sheriff 20 Gore. Id. Plaintiff did not attach a copy of the appellate court’s opinion. 21 The Court may take judicial notice of “a fact that is not subject to reasonable 22 dispute because it . . . can be accurately and readily determined from sources whose 23 accuracy cannot reasonably be questioned.” Fed. R. Evid. 201. This includes 24 proceedings and records from other courts in other cases that directly relate to the case at 25 hand. Bias v. Moynihan, 508 F.3d 1212, 1225 (9th Cir. 2007). Here, though Plaintiff did 26 not supply it, the Court was able to locate in public state court records an order filed by 27 the California Court of Appeal, Fourth Appellate District, Division One, in the case of 28 The People v. Kyle James, D071081 (Sept. 15, 2017) (available at 1 16cv2823 WQH (NLS) 1 http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=41&doc_id 2 =2156273&doc_no=D071081). Therein, the Court of Appeal reversed the judgment and 3 remanded the matter to the trial court for further proceedings. Because the existence and 4 disposition of this order are not subject to reasonable dispute and may readily be 5 confirmed, the Court will take judicial notice of this order. However, because Plaintiff 6 has not presented any evidence to the Court that indicates that he will be relocated as a 7 result of this order, no further relief is available at this time. 8 9 IT IS SO ORDERED. Dated: November 16, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 16cv2823 WQH (NLS)

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