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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ART SWOPE, ) Case No.: 1:23-cv-01412-SKO (HC) ) Petitioner, ) ORDER GRANTING MOTION TO TAKE ) JUDICIAL NOTICE OF APPELLATE COURT v. ) RECORDS ) ) [Doc. 30] LUNDY, ) ) Respondent. ) ) )

18 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 17, 2024, Petitioner filed a motion to take judicial notice of certain appellate court records, including: the Fifth District Court of Appeal opinion; Respondent’s brief on appeal; the appellate court docket; a Fifth District Court of Appeal order; and a letter from the California Supreme Court. (Doc. 30.) The Court may take judicial notice of facts that are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b); United States v.…