(HC) Swope v. Laudy ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ART SWOPE, ) Case No.: 1:23-cv-01412-SKO (HC) ) 12 Petitioner, ) ORDER GRANTING MOTION TO TAKE ) JUDICIAL NOTICE OF APPELLATE COURT 13 v. ) RECORDS 14 ) ) [Doc. 30] 15 LUNDY, ) ) 16 Respondent. ) ) 17 ) 18 19 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 20 U.S.C. § 2254. 21 On April 17, 2024, Petitioner filed a motion to take judicial notice of certain appellate court 22 records, including: the Fifth District Court of Appeal opinion; Respondent’s brief on appeal; the 23 appellate court docket; a Fifth District Court of Appeal order; and a letter from the California Supreme 24 Court. (Doc. 30.) The Court may take judicial notice of facts that are capable of accurate and ready 25 determination by resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 26 201(b); United States v. Bernal-Obeso, 989 F.2d 331, 333 (9th Cir. 1993). Judicial notice may be 27 taken of court records. Valerio v. Boise Cascade Corp., 80 F.R.D. 626, 635 n. 1 (N.D.Cal.1978), aff'd, 28 645 F.2d 699 (9th Cir. 1981). As these records are part of Petitioner’s direct appeal, the Court will 1 take judicial notice of them and consider them to the extent they are material to the resolution of 2 Petitioner’s claims. 3 Accordingly, the motion to take judicial notice is GRANTED. 4 5 IT IS SO ORDERED. 6 Dated: May 17, 2024 /s/ Sheila K. Oberto . 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28