Kaur

(PC) Spence v. Kaur

Good Law
United States District Court, Eastern District of CaliforniaApril 7, 20202:16-cv-01828California396 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD SPENCE, No. 2:16-cv-1828 TLN KJN P Plaintiff, v. ORDER G. KAUR, et al., Defendants. 16 Plaintiff, a state prisoner, is proceeding pro se with this civil rights action seeking relief under 42 U.S.C. § 1983. Plaintiff’s request for judicial notice is before the court. Plaintiff asks the court to take judicial notice of various “facts” contained in various filings by plaintiff and defendant, and asks the court to issue a citation for contempt based on defense counsel’s alleged perjury in connection with the court’s order granting defendant an extension of time, nunc pro tunc (ECF No. 56). A “high degree of indisputability is the essential prerequisite” to taking judicial notice and “the tradition [of taking judicial notice] has been one of caution in requiring that the matter be beyond reasonable controversy.” Fed. R. Evid. 201(a) & (b) advisory committee’s notes. A court, then, may take judicial…

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