Opinion
No. CIV S-09-0438 GEB DAD P.
July 27, 2010
ORDER
Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 11, 2010, petitioner filed a request that this court take judicial notice of the recent decision in Pearson v. Muntz, 606 F.3d 606 (9th Cir. 2010). The court is aware of decision in Pearson and will, of course, consider it in connection with the petition pending before the court. However, published decisions of the Ninth Circuit Court of Appeals, which are binding on this court, are not the appropriate subject of judicial notice. Accordingly, IT IS HEREBY ORDERED that petitioner's June 11, 2010 request for judicial notice is denied as unnecessary.