Opinion
Case No. 3:05-cv-1023-J-32MCR.
April 28, 2006
ORDER
THIS CAUSE is before the Court on Plaintiff's Motion to Take Judicial Notice (Doc. 57). Defendant, Donald Fleming, filed a response in opposition to this motion (Doc. 73) pointing out that Plaintiff sought the Court to take judicial notice of two documents in order to rule on Plaintiff's Motion for Summary Judgment. The undersigned entered a report and recommendation denying Plaintiff's Motion for Summary Judgment (Doc. 68) and as such, Plaintiff's Motion to Take Judicial Notice is moot at this time.
As Defendant "does not dispute the terms or veracity of the court document" or the "General Order of the Sheriff" (Doc. 73, p. 1) (the two documents Plaintiff wishes the Court to take judicial notice of), Plaintiff may not need to seek judicial notice of these documents in the future. Instead, the next time Plaintiff wishes the Court to consider these documents, he may simply attach them to his motion or responsive memorandum.
Accordingly, after due consideration, it is
ORDERED:
Plaintiff's Motion to Take Judicial Notice (Doc. 57) is DENIED as moot at this time.
DONE AND ORDERED.