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Putnam v. King

United States District Court, S.D. Mississippi, Southern Division

February 4, 2014

JAMES F. PUTNAM, Plaintiff,
v.
RON KING, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

LOUIS GUIROLA, Jr., Chief District Judge.

BEFORE THE COURT is the Report and Recommendation [31] entered by Chief United States Magistrate Judge John M. Roper, Sr., on November 6, 2013. The plaintiff, James F. Putnam, filed a Motion Requesting Court Take Judicial Notice [30] in which he asked the Court to take judicial notice of the fact that the lighting in his cell is poor, which makes it difficult for him to research case law and draft pleadings. Judge Roper recommends that Putnam's Motion be denied. Putnam has objected to the Report and Recommendation, arguing that Judge Roper incorrectly construed his Motion as a request to amend his habeas corpus petition. Putnam states that his Motion "was submitted purely for this Court to take into consideration when determining the adequacy of Movant's 2254 pleadings." (Objection, Nov. 3, 2013, ECF No. 33).

Judge Roper correctly determined that Putnam's allegations related to the lighting in his cell are not properly before this Court. The Court further rejects Putnam's request for judicial notice, since circumstances warranting the taking of judicial notice are not present here. See Fed.R.Evid. 201(b). Nevertheless, it should be noted that the Court always takes the pro se and/or incarcerated status of plaintiffs into consideration when reviewing their pleadings.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and Recommendation [31] entered by Chief United States Magistrate Judge John M. Roper, Sr., is ADOPTED as the opinion of this Court.

IT IS, FURTHER, ORDERED AND ADJUDGED that Motion Requesting Court Take Judicial Notice [30] filed by James F. Putnam is DENIED.


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