Opinion
No. CIV S-11-2004 KJM GGH P
09-16-2011
CLAUDE LEE OWENS, JR. Petitioner, v. R. HILL, Warden, Respondent.
ORDER
Examination of this action and the court's records reveals that the petitioner has previously filed a petition for relief in the same matter. (No. CIV S-08-1290 FCD EFB P.) Pursuant to Local Rule 190(d), the above-captioned action will be reassigned to the Judge and Magistrate Judge who considered the prior petition.
A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).
The parties should be aware that reassigning this action under Local Rule 190(d) merely has the result that the action is assigned to the Judge and Magistrate Judge who considered the prior petition; no consolidation of the actions is effected.
Accordingly, IT IS HEREBY ORDERED that:
1. This action is reassigned to Judge Damrell and Magistrate Judge Brennan for all further proceedings; henceforth, the caption on documents filed in this action shall be shown as No. CIV S-11-2004 FCD EFB P; and
2. The Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE