9th Circuit Appeal - Dkt 46 - Request For Judicial Notice Re Sturgeon Case Recusals

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RICHARD I. FINE, In Pro Per Prisoner ID # 1824367 c/o Men’s Central Jail 441 Bauchet Street Los Angeles, CA 90012 UNITED STATES COURT OF APPEALS

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FOR THE NINTH CIRCUIT

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RICHARD I. FINE, Appellant and Petitioner,

D.C. No. 2:09-cv-01914 JFW (CW)

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Case No. 09-56073

vs. SHERIFF OF LOS ANGELES COUNTY, et al, Appellees and Respondents

REQUEST FOR JUDICIAL NOTICE OF ENTIRE APPELLATE DISTRICT’S SELF-RECUSALS IN THE “STURGEON” APPEALS

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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

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respect to the current appeal underway in the matter of Sturgeon v. County of Los Angeles, LA County Superior Court Case No. BC351786.

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The Court is also requested to take notice of the Second Appellate District’s prior transfer of the case on its first appeal, as evidenced by the

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attached copy of its letter dated May 10, 2007.

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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’s 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

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did not come to Appellant’s attention until a few days ago. LEGAL STANDARD

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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.

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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).

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CONCLUSION The allegations in the instant appeal and underlying Petition for Writ of

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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,

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BY: _________________________ RICHARD I. FINE, In Pro Per

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am Fred Sottile. My address is 2601 E. Victoria Street, # 108, Rancho Dominguez, CA 90220. On November ____, 2009, I served the foregoing document described as REQUEST

FOR

JUDICIAL

NOTICE

OF

ENTIRE

APPELLATE

DISTRICT’S SELF-RECUSALS IN THE “STURGEON” APPEALS on interested parties in this action by depositing a true copy thereof, which was enclosed in a sealed envelope, with postage fully prepaid, in the United States Mail, addressed as follows: Aaron Mitchell Fontana Paul B. Beach LAWRENCE BEACH ALLEN & CHOI, PC 100 West Broadway, Ste. 1200 Glendale, CA 91210-1219

Kevin M. McCormick BENTON, ORR, DUVAL & BUCKINGHAM 39 N. California Street P.O. Box 1178 Ventura, CA 93002

I certify and declare, under penalty of perjury under the laws of the United States of America and the State of California, that the foregoing is true and correct. Executed on this _____ day of November, 2009, at Rancho Dominguez, California.

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____________________________________ FRED SOTTILE

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