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9th Circuit Appeal - Dkt 46 - Request for Judicial Notice re Sturgeon Case Recusals

9th Circuit Appeal - Dkt 46 - Request for Judicial Notice re Sturgeon Case Recusals

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Published by Honor in Justice

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Published by: Honor in Justice on Nov 29, 2009
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RICHARD I. FINE, In Pro Per
Prisoner ID # 1824367
c/o Men\u2019s Central Jail
441 Bauchet Street
Los Angeles, CA 90012

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Appellant respectfully requests that the Court take judicial notice of the attached letter dated November 9, 2009, announcing the self-recusal of all justices of the Second Appellate District, California Court of Appeal, with respect to the current appeal underway in the matter of Sturgeon v. County of

Los Angeles, LA County Superior Court Case No. BC351786.

The Court is also requested to take notice of the Second Appellate District\u2019s prior transfer of the case on its first appeal, as evidenced by the attached copy of its letter dated May 10, 2007.

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RICHARD I. FINE,
Appellant and Petitioner,
vs.
SHERIFF OF LOS ANGELES
COUNTY, et al,
Appellees and Respondents
Case No. 09-56073
D.C. No. 2:09-cv-01914 JFW (CW)

REQUEST FOR JUDICIAL NOTICE
OF ENTIRE APPELLATE
DISTRICT\u2019S SELF-RECUSALS IN
THE \u201cSTURGEON\u201d APPEALS

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The relevance of these documents is that it contradicts the false inference of Appellees LA Superior Court and Judge David P. Yaffe\u2019s answering brief that Judge Yaffe was not obligated to recuse himself in the instant case.

These documents constitute facts not reasonably subject to dispute. The
did not come to Appellant\u2019s attention until a few days ago.
LEGAL STANDARD

A court may properly take notice of "matters of public record" pursuant to Federal Rule of Evidence section 201 to the extent they are not subject to reasonable dispute.Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001).

Such records may include administrative records, reports and procedures.See, e.g., Interstate Natural Gas Co. v. Southern California Gas Co., 209 F.2d 380, 385 (9th Cir. 1953); Coinstar, Inc. v. CoinBank Automated Sys.,

Inc., 998 F. Supp. 1109, 1114 (N.D. Cal. 1998).
CONCLUSION

The allegations in the instant appeal and underlying Petition for Writ of Habeas Corpus are inextricably intertwined with the issues raised in the attached documents. Accordingly, this Court is entitled to take judicial notice of these documents, and Appellant therefore specifically requests that this Court take judicial notice of the documents identified above.

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Dated this_____ day of November, 2009 Respectfully submitted,

BY:_________________________
RICHARD I. FINE,
In Pro Per

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