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Jones v. Sisto

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 11, 2010

DEWAYNE JONES, PETITIONER,
v.
D. K. SISTO, ET AL., RESPONDENTS.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He challenges a decision of the California Board of Parole Hearings that petitioner is not suitable for parole and argues that the decision denied him due process because it was based solely on petitioner's commitment offense and allegedly was not supported by any evidence that petitioner poses a current danger to the community.*fn1 Petitioner requests that the court judicially notice two unpublished United States District Court cases: Ledesma v. Marshall, No. 08cv0309-JTM(CAB), 2009 U.S. Dist. LEXIS 72707 (E.D. Cal. Aug. 5, 2009) and Hoffman v. Marshall, No. CV 08-1427-R (RNB), 2009 U.S. Dist. LEXIS 73917 (C.D. Cal. Jan 13, 2009).

The citation to unpublished opinions reported on Westlaw or Lexis does not appear to require a formal request for judicial notice. Like citation to other secondary legal authorities, petitioner may cite to the cases and argue whatever relevance and persuasive effect he believes they provide. However, because petitioner has requested it, the court will take judicial notice of Ledesma and Hoffman. See Lee v. City of L.A., 250 F.3d 668, 689 (9th Cir. 2001) (stating that a court may take judicial notice of "matters of public record" under Federal Rule of Evidence 201). The court notes that, by taking judicial notice of these cases, it merely recognizes them as undisputed matters of public record, but does not at this time make any determination that the facts or analyses therein are applicable to this case.

Accordingly, it is hereby ORDERED that petitioner's November 3, 2009 request for judicial notice, Dckt. No. 14, is granted.


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