Mauwee, Sr. v. Cox et al

Filing 26

ORDER denying Plaintiff's 24 Motion for Judicial Notice. Signed by Magistrate Judge William G. Cobb on 6/16/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EUGENE A. MAUWEE, SR.,

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3:12-cv-00580-RCJ-WGC
Plaintiff,

ORDER

v.
GREG COX, et. al.,

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Defendants.

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Before the court is Plaintiff's Motion for Judicial Notice to the Court. (Doc. # 24.) 1
Defendants have filed a response to the motion. (Doc. # 25.)
In this motion, Plaintiff asks the court to take judicial notice of three items he calls

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"adjudicative facts":

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(1) That a photo of deer antlers that he received from the Native American sponsor was the same

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size as the antlers that were allegedly destroyed by defendant Olivas (and he attaches a photo as

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an exhibit). (Doc. # 24 at 2.)

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(2) That Olivas destroyed the antlers with malice, and he states that this will be proven by

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testimony of the chaplain. (Id.)

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(3) That defendant Olivas and Warden Robert LeGrand violated the Nevada Department of

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Corrections (NDOC) Administrative Regulation (AR) 339 which is a code of ethics for

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employees by making false or misleading statements. (Id. at 3.)

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Judicial notice is only appropriate where the to-be-noticed facts are either "generally

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known" or "capable of accurate and ready determination by resort to sources whose accuracy

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cannot reasonably be questioned." Fed. R. Evid. 201. The facts proposed by Plaintiff do not fall

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into either of these categories. Instead, these are Plaintiff's arguments or theories that are similar

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Refers to court's docket number.

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to those asserted in his opposition to defendant Olivas' motion for summary judgment. Therefore,

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Plaintiff has not provided evidence for which judicial notice is appropriate and his motion (Doc.

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# 24) is DENIED.

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IT IS SO ORDERED.

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DATED: June 16, 2014.
__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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