Opinion
No. CIV S-08-2145-SPG (PC).
March 5, 2009
ORDER
Plaintiff is a state prisoner who is proceeding pro se. He seeks relief pursuant to 42 U.S.C. § 1983. Upon comparison of this complaint with the complaint in Aidnik v. California Medical Facility, No. CIV S-08-2583-HDM-RAM, the court deems the complaint in this case to be a request to file a supplemental pleading in the original case. See Fed.R.Civ.P. 15(d). The cases are brought by the same plaintiff, concern overlapping facts and events, and assert similar claims for relief. See Cabrera v. City of Huntington Park, 159 F.3d 374, 382 (9th Cir. 1998) (per curiam) (holding that, at the court's discretion, a party may file a supplemental complaint containing claims that accrued after the initial complaint was filed). The court therefore GRANTS the request.
A court may take judicial notice of court records. MGIC Indem. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986).
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court shall file the complaint and addendum to the complaint herein as supplemental pleadings in Aidnik v. California Medical Facility, No. CIV S-08-2583-HDM-RAM.
2. This case is hereby DISMISSED.