(PC) Warfield v. Tibbet ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRODERICK JAMES WARFIELD, No. 2:23-cv-1546 KJM DB P 12 Plaintiff, 13 v. ORDER 14 WALT TIBBET, et al., 15 Defendants. 16 17 Plaintiff is a former1 state prisoner proceeding pro se with this civil rights action seeking 18 relief pursuant to 42 U.S.C. § 1983. On September 18, 2023, the undersigned issued findings and 19 recommendations recommending that the third amended complaint be dismissed without leave to 20 amend because the allegations in the complaint are duplicative of the allegations raised in 21 Warfield v. Solano Public Defenders Offices, 2:22-cv-0782 TLN JDP (E.D. Cal.). (ECF No. 15 22 at 3-6.) The findings and recommendations are presently pending before the district court. 23 1 In the third amended complaint, plaintiff states that he is a civilly committed detainee and a 24 convicted and sentenced state prisoner. (ECF No. 12 at 4.) According to California Department of Corrections and Rehabilitation (CDCR) records, plaintiff is not currently in CDCR custody. 25 See https://inmatelocator.cdcr.ca.gov/Results.aspx. The court may take judicial notice of information stored on the CDCR inmate locator website. See In re Yahoo Mail Litig., 7 F. Supp. 26 3d 1016, 1024 (N.D. Cal. 2014) (a court may take judicial notice of information on “publicly accessible websites” not subject to reasonable dispute); Louis v. McCormick &Schmick 27 Restaurant Corp., 460 F. Supp. 2d 1153, 1155 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency records). It does not appear that plaintiff is presently under a civil 28 commitment order. ] Thereafter, plaintiff filed a request to seal dated November 15, 2023. (ECF No. 28.) This 2 || motion and the documents plaintiff sought to have filed under seal were inadvertently sealed 3 || without an order from the court. (ECF Nos. 28, 29.) Local Rule 141 provides that “[d]ocuments 4 || may be sealed only by written order of the Court, upon the showing required by applicable law.” 5 || Accordingly, the court will direct the Clerk of the Court to unseal the motion to seal (ECF No. 6 || 28) and will address the motion to seal by separate order. 7 Accordingly, the Clerk of the Court is ORDERED to unseal ECF No. 28 and docket it as 8 | “Motion to Seal.” 9 | Dated: December 21, 2023 10 1] 12 BORAH BARNES 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 p:12 DB/DB Prisoner Inbox/Civil Rights/R/warfl 546 .unseal 18 19 20 21 22 23 24 25 26 27 28