Commercial Litigation and Arbitration

Federal Court May Take Judicial Notice of State and Federal Dockets Available on the Internet

Barger v. Warden, 2014 U.S. Dist. LEXIS 26416 (C.D. Cal. Feb. 28, 2014):

Petitioner's relevant state court records 1 establish the following facts. He was sentenced for the above offenses on July 2, 2007. On December 23, 2008, the California Court of Appeal affirmed the judgment (case no. B200472). The California Supreme Court then denied review of the court of appeal's decision on March 11, 2009 (case no. S169709). Petitioner has not alleged, and it does not appear, that he filed a petition for certiorari with the United States Supreme Court. (See United States Supreme Court Docket, available on the Internet at

1   The Court takes judicial notice of Internet records relating to this action in the state appellate courts (available at ("state court records"). See Smith v. Duncan, 297 F.3d 809, 815 (9th Cir. 2002) (federal courts may take judicial notice of related state court documents), overruled on other grounds as recognized in Cross v. Sisto, 676 F.3d 1172 (9th Cir. 2012).

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