Opinion
1:20-cv-001584-JLT (PC)
08-12-2021
JONATHAN KOHUT; ANDREANA WINTER, Plaintiffs, v. K. ALLISON, et al., Defendants,
ORDER DENYING PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE (DOC. 3)
JENNIFER L. THURSTON CHIEF UNITED STATES MAGISTRATE JUDGE
Plaintiffs have filed a request for judicial notice of the following sections of California rules and regulations: (1) 15 Cal. Code Regs. § 3000.5(c) Rules of Construction; (2) rules governing inmate mail, 15 Cal. Code Regs. §§ 3130-3133, 3134, 3136, 3139, and 3147 ; and (3) 15 Cal. Code Regs. §§ 3190, 3192, governing personal property.
Plaintiffs' motion references § 300.5, which appears to be a scrivener's error.
15 Cal. Code Regs. § 3147, governing disposition of mail, has been renumbered to § 3133.
Rule 201 of the Federal Rules of Evidence provides: “The court may take judicial notice of a fact that is not subject to reasonable dispute because it . . . can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. Fed.R.Evid. 201(b)(2). The regulations governing inmate mail and property referenced by Plaintiffs are not facts. Moreover, there is no motion pending before the Court. Even if there were such a motion pending, the Court will consider the law appropriate to the circumstances, without the need for a motion for judicial notice. Accordingly, Plaintiffs' request for judicial notice (Doc. 3) is DENIED.
IT IS SO ORDERED.