Opinion
No. CIV S-08-1759 LKK GGH P.
October 10, 2008
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-01-1683 MCE KJM P.) Pursuant to Local Rule 81-190(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 81-190(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 England and Magistrate Judge Mueller for all further proceedings; henceforth, the caption on documents filed in this action shall be shown as No. CIV S-08-1759 MCE KJM P; and
2. The Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.