(PC) Fregia v. Miranda ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK FREGIA, No. 2:19-cv-2196 JAM KJN P 12 Plaintiff, 13 v. ORDER 14 P.A. MIRANDA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff filed a motion for 18 extension of time to file and serve an opposition to the October 9, 2020 motion to dismiss filed by 19 defendants Miranda and Ridge. Good cause appearing, plaintiff’s request is granted. 20 In addition, plaintiff objects that the motion attached exhibits, therefore the motion should 21 be construed as a request for summary judgment under Rule 56(f) of the Federal Rules of Civil 22 Procedure. (ECF No. 39 at 2-3.) However, the attachment to the motion is a request for judicial 23 notice, which is authorized under Rule 201(b) of the Federal Rules of Evidence. Id. Moving 24 defendants ask the court to take judicial notice of filings in a case previously filed by plaintiff. 25 Fregia v. St. Clair, No. 1:16-cv-1866 (E.D. Cal.). Such request is properly made. A court may 26 take judicial notice of court records. See, e.g., Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n.2 27 (9th Cir. 2002) (“[W]e may take notice of proceedings in other courts, both within and without 28 the federal judicial system, if those proceedings have a direct relation to matters at issue”) 1 | Gnternal quotation omitted). A court is allowed to consider documents incorporated by reference 2 | in the complaint or matters of judicial notice without converting the motion to dismiss into a 3 | motion for summary judgment. United States v. Ritchie, 342 F.3d 903, 907-08 (9th Cir. 2003). 4 | The request for judicial notice will be considered and decided once the motion to dismiss is fully 5 | briefed. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff's motion for an extension of time (ECF No. 39) is granted; and 8 2. Plaintiff is granted sixty days from the date of this order in which to file and serve his 9 | opposition. 10 | Dated: November 4, 2020 Aectl Aharon 12 KENDALL J. NE /freg2196.36 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28