Hall v. CSP-Los Angeles, 2017 U.S. Dist. LEXIS 72931 (C.D. Cal. Feb. 15, 2017):
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United States District Court for the Central District of California.
On August 18, 2016, Roderick D. Hall ("Plaintiff"), a prisoner at California State Prison, Los Angeles County ("CSP -- Los Angeles") in Lancaster, California, filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 against Defendants Timothy Lundgren (Psychiatric Technician), J. Rodriquez (Supervisor Psychiatric Technician), and P. Shank (Chief Executive Officer Health Care). (Dkt. 1.) In accordance with the Prisoner Litigation Reform Act, the Court screened the complaint and dismissed it with leave to amend. (Dkt. 5.)
On September 8, 2016, Plaintiff filed a First Amended Complaint ("FAC") against Defendant Timothy Lundgren [*2] in his individual capacity. (Dkt. 6.) On December 5, 2015, Defendant Lundgren filed a Motion to Dismiss the FAC (Dkt. 14) and a Notice of Related Case informing the Court that Plaintiff had filed a medical negligence action against Defendant Lundgren in the Los Angeles County Superior Court, arising from the same facts and circumstances that gave rise to his civil rights complaint (the "State Lawsuit") (Dkt. 16). Defendant also filed a Request for Judicial Notice ("RJN") of certain records from the State Lawsuit and Plaintiff's administrative claim proceedings. (Dkt. 15.)1 Plaintiff filed an Opposition to Defendant's Motion to Dismiss on December 21, 2016. (Dkt. 18.) Plaintiff then filed a notice informing the Court that he had requested the voluntary dismissal of the State Lawsuit, and it was dismissed without prejudice on December 22, 2016. (Dkt. 19 at 2.) Defendant filed a Reply to Plaintiff's Opposition on January 13, 2017. (Dkt. 20.) For the reasons discussed below, the Court now recommends that Defendant's Motion to Dismiss be GRANTED and the entire action be DISMISSED WITH PREJUDICE.
1 Pursuant to Fed. R. Evid. 201, Defendant asks the Court take judicial notice of the following three records identified as RJN Exhibits A-C: (1) Certification and documents from the Victim Compensation and Government claims Board for Claimant Roderick Hall; (2) Complaint filed by Roderick Hall against Timothy Lundgren, et al., on July 5, 2016 in the State Lawsuit; and (3) [Defendant's] Notice of Motion for Judgment on the Pleadings filed on December 2, 2016 in the State Lawsuit. (Dkt. 15.) Plaintiff does not oppose the RJN. This Court may take judicial notice of records filed in the State Lawsuit. Porter v. Ollison, 620 F.3d 952, 954-55 (9th Cir. 2010) (noting that it is proper to take judicial notice of "any state court dockets or pleadings that have been located (including on the Internet)"). The Court, therefore, takes judicial notice of RJN Exhibits A-C as establishing (1) the existence of the State Lawsuit, and (2) the nature of Plaintiff's allegations against Defendant therein. The Court also takes judicial notice of the fact that Plaintiff voluntarily dismissed the State Lawsuit in December 2016. (Dkt. 19 at 4.)
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