Putnam v. King

Filing 41

ORDER denying 30 Motion Requesting Court Take Judicial Notice; adopting Report and Recommendations re 31 Report and Recommendations as the opinion of this Court. Signed by Chief District Judge Louis Guirola, Jr. on 2/4/14. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JAMES F. PUTNAM
v.

PLAINTIFF
CAUSE NO. 1:13CV204-LG-JMR

RON KING

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
BEFORE THE COURT is the Report and Recommendation [31] entered by
Chief United States Magistrate Judge John M. Roper, Sr., on November 6, 2013.
The plaintiff, James F. Putnam, filed a Motion Requesting Court Take Judicial
Notice [30] in which he asked the Court to take judicial notice of the fact that the
lighting in his cell is poor, which makes it difficult for him to research case law and
draft pleadings. Judge Roper recommends that Putnam’s Motion be denied.
Putnam has objected to the Report and Recommendation, arguing that Judge Roper
incorrectly construed his Motion as a request to amend his habeas corpus petition.
Putnam states that his Motion “was submitted purely for this Court to take into
consideration when determining the adequacy of Movant’s 2254 pleadings.”
(Objection, Nov. 3, 2013, ECF No. 33).
Judge Roper correctly determined that Putnam’s allegations related to the
lighting in his cell are not properly before this Court. The Court further rejects
Putnam’s request for judicial notice, since circumstances warranting the taking of
judicial notice are not present here. See Fed. R. Evid. 201(b). Nevertheless, it
should be noted that the Court always takes the pro se and/or incarcerated status of

plaintiffs into consideration when reviewing their pleadings.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and
Recommendation [31] entered by Chief United States Magistrate Judge John M.
Roper, Sr., is ADOPTED as the opinion of this Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that Motion Requesting
Court Take Judicial Notice [30] filed by James F. Putnam is DENIED.
SO ORDERED AND ADJUDGED this the 4th day of February, 2014.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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