Jacobs v. Woodford et al
Filing
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ORDER Granting 32 Plaintiff's Request for a Courtesy Copy; ORDER Denying Plaintiff's Request for Judicial Notice, signed by Magistrate Judge Jennifer L. Thurston on 6/16/11. (Attachments: # 1 Findings & Recommendations) (Gonzalez, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GEORGE E. JACOBS,
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Plaintiff,
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Case No. 1:08-cv-00369 AWI JLT (PC)
ORDER GRANTING PLAINTIFF’S REQUEST
FOR A COURTESY COPY
vs.
ORDER DENYING PLAINTIFF’S REQUEST
FOR JUDICIAL NOTICE
JEANNE WOODFORD, et al.,
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Defendants.
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(Doc. 32)
_________________________________/
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.
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§ 1983. On June 15, 2011, Plaintiff filed a request for a copy of the findings and recommendations
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issued by the Court on April 26, 2011 (Doc. 26). Plaintiff explains that he never received a copy of
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the findings and recommendations and only realized that action had been taken in this case after
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inspecting the docket sheet. (Doc. 32 at 1.) Plaintiff argues that Defendant’s co-workers must be
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tampering with his legal mail, and therefore Plaintiff would like the Court to take judicial notice of
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that fact. (Id.) Plaintiff has attached several exhibits regarding this issue. (Id., Ex. A.)
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The Court will provide Plaintiff with a courtesy copy of its findings and recommendations.
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As to Plaintiff’s request for judicial notice, the Court will deny that request. The matters for which
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Plaintiff seeks judicial notice are inappropriate, as they are neither “generally known” nor “capable
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of accurate and ready determination.” Fed. R. Evid. 201. The Court also notes that tampering of
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legal mail is not relevant to any of Plaintiff’s claims in this case.
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Accordingly, it is HEREBY ORDERED that:
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1.
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Plaintiff’s request for a copy of the findings and recommendations issued April 26,
2011 is GRANTED;
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2.
Plaintiff’s request for judicial notice is DENIED; and
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3.
The Clerk of the Court is instructed to send Plaintiff a courtesy copy of the Court’s
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April 26, 2011 findings and recommendations (Doc. 26).
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IT IS SO ORDERED.
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Dated: June 16, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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