(PS) Petersen v. Sims

7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA

11 KYLE PETERSEN , Case No.: 1:19-cv-00138-DAD-EPG 12 Plaintiff, ORDER DENYING AS MOOT PLAINTIFF’S 13 v. MOTION REQUESTING THE COURT TAKE JUDICIAL NOTICE ANTHONY SIMS, JR., and NICHOLAS TORRES, (ECF No. 34) 15 Defendants.

17 Plaintiff, Kyle Petersen, is proceeding pro se and in forma pauperis in this civil rights action, pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Plaintiff has filed a motion requesting that the Court take judicial notice of a related criminal case. (ECF No. 34.)

20 The Court previously issued a Screening Order in which the Court took judicial notice of the same criminal case that is the subject of Plaintiff’s motion, United States v. Peterson, No. 1:17-cr- 00255-LJO-SKO. (ECF No. 14 at 6 n.1.) Accordingly, Plaintiff’s request that the Court take judicial notice of the related criminal case is moot. However, to the extent Plaintiff requests judicial notice of specific facts from this related criminal case, the motion will be denied without prejudice to renewal once defendants have been served and have entered an appearance in this case.

26 IT IS ORDERED that Plaintiff’s motion for judicial notice of related criminal case United States v. Peterson, No. 1:17-cr-00255-LJO-SKO is DENIED as moot, but to the extent Plaintiff seeks judicial notice of specific facts from this related criminal case, the motion is DENIED without || prejudice to renewal once the defendant have been served and have entered an appearance in the case IT IS SO ORDERED.

Dated: _ December 16, 2019 [Je hey — 5 UNITED STATES MAGISTRATE JUDGE