James v. Emmens et al
Filing
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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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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 GRANTING PLAINTIFF’S
REQUEST TO TAKE JUDICIAL
NOTICE OF APPELLATE OPINION
DEPUTY EMMENS, et al.,
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Defendants.
[ECF No. 62]
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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 November 6, 2017, Plaintiff filed a letter
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requesting that the Court take judicial notice of a recent order by the California Court of
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Appeal wherein Plaintiff contends that his conviction was reversed. ECF No. 62.
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Plaintiff fears that as a result of this order, he will be returned to the custody of Sheriff
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Gore. Id. Plaintiff did not attach a copy of the appellate court’s opinion.
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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. This includes
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proceedings and records from other courts in other cases that directly relate to the case at
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hand. Bias v. Moynihan, 508 F.3d 1212, 1225 (9th Cir. 2007). Here, though Plaintiff did
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not supply it, the Court was able to locate in public state court records an order filed by
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the California Court of Appeal, Fourth Appellate District, Division One, in the case of
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The People v. Kyle James, D071081 (Sept. 15, 2017) (available at
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16cv2823 WQH (NLS)
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http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=41&doc_id
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=2156273&doc_no=D071081). Therein, the Court of Appeal reversed the judgment and
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remanded the matter to the trial court for further proceedings. Because the existence and
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disposition of this order are not subject to reasonable dispute and may readily be
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confirmed, the Court will take judicial notice of this order. However, because Plaintiff
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has not presented any evidence to the Court that indicates that he will be relocated as a
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result of this order, no further relief is available at this time.
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IT IS SO ORDERED.
Dated: November 16, 2017
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16cv2823 WQH (NLS)
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