(PS) Rodriguez v. Sampson, No. 2:2017cv01479 - Document 22 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Allison Claire on 7/25/2018 DENYING 20 Plaintiff's request for judicial notice; the Findings and Recommendations 19 are hereby VACATED; Plaintiff shall have 30 days from the date of this order to file his Second Amended Complaint in compliance with the undersigned's order 17 ; and Plaintiff is cautioned that failure to timely comply with this order may lead to a recommendation that the action be dismissed. (Reader, L)
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(PS) Rodriguez v. Sampson Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE DEJESUS RODRIGUEZ, 12 13 14 15 No. 2:17-cv-01479 JAM AC PS Plaintiff, v. ORDER JOYCE SAMPSON, Defendant. 16 17 The court is in receipt of plaintiff’s objections to the undersigned’s Findings and 18 Recommendations and request for judicial notice. ECF No. 20. Having reviewed the submission, 19 the court will vacate the Findings and Recommendations at ECF No. 19. However, the request 20 for judicial notice will be denied. 21 The court may take notice of facts that are capable of accurate and ready determination by 22 resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b); United 23 States v. Bernal-Obeso, 989 F.2d 331, 333 (9th Cir. 1993). Here, plaintiff requests the court take 24 judicial notice of a separate criminal matter involving the plaintiff. ECF No. 20. “However, if an 25 exhibit is irrelevant or unnecessary to deciding the matters at issue, a request for judicial notice 26 may be denied.” Neylon v. Cty. of Inyo, No. 1:16-CV-0712 AWI JLT, 2016 WL 6834097, at *4 27 (E.D. Cal. Nov. 21, 2016) (citing Adriana Intern. Corp. v. Thoeren, 913 F.2d 1406, 1410 n.2 (9th 28 Cir. 1990). Because the state court records are not pertinent, the court will deny the request. 1 Dockets.Justia.com 1 IT IS HEREBY ORDERED that: 2 1. Plaintiff’s request for judicial notice, ECF No. 20, is DENIED; 3 2. The Findings and Recommendations, ECF No. 19, are hereby VACATED; 4 3. Plaintiff shall have 30 days from the date of this order to file his second amended 5 complaint in compliance with the undersigned’s order dated April 5, 2018 (ECF 6 No. 17); and 7 8 9 10 4. Plaintiff is cautioned that failure to timely comply with this order may lead to a recommendation that the action be dismissed. IT IS SO ORDERED. DATED: July 25, 2018. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2