Ninth Circuit Appeals Court Motion For Judicial Notice
Ninth Circuit Appeals Court Motion For Judicial Notice
Ninth Circuit Appeals Court Motion For Judicial Notice
18-55461
__________________________________________________________________
BILLY Z. EARLEY,
Plaintiff-Appellant,
v.
Defendants-Appellees,
Billy Z. Earley
Appearing in Propria Persona
2144 Wembley Lane, Corona CA 92881
Telephone: (714) 615-4956
E-mail: [email protected]
Earley, on behalf of himself and others similarly situated, hereby request that the
Court take judicial notice of the following in further support of the Appellant’s
that is readily available to public and private citizens seeking this information from
the California Corona Police Department. Appellant’s Motion for Judicial Notice
because Appellees were working with the Corona Police and the DEA in joint
gunpoint and father beaten by several masked individuals claiming to work for the
This request for Judicial Notice comes after Appellant have testified that him
and his family, including two small children, were the victims of retaliation,
discrimination, and verbal threats made by law enforcement and DOJ prosecutors,
including death threats to Appellant and his former attorney Lee Durst.
Exhibit #B: The data contained in Exhibit B is general public knowledge
that is readily available to public and private citizens seeking this information from
the California Corona Police Department. Appellant’s Motion for Judicial Notice
signature off a subpoenaed chart and when Forensic Evidence proved this fact. An
unknown individual(s) broke into Appellant’s clinic and searched through the
chart-rack where Tosha Thomas chart should have been filed, but it was hide in
another location.
The Attorney Lee Durst, the Corona Police, and the Manager at the clinic all
evaluated the crime scene and only the charts where Officer Thomas chart was
located at was sought by the individual(s). The Attorney Lee Durst said the
Appellees were looking to get the Chart to prevent the Forensic Testing from
that is readily available to public and private citizens seeking this information from
the U.S. Department of Justice, through the Freedom of Information Act (“FOIA”).
Appellant’s Motion for Judicial Notice of Exhibit C is a True and Correct copy of a
Appellants two small children and wife and then proceeded to beat and injure
the DEA told the other individual who beat plaintiff’s father, “YOU DID NOT
SUPPOSED TO DO THAT!” This report also identifies that the DEA was casing-
out Appellant’s home and they had identified Appellants father in the report.
Request for Judicial Notice is proper because Appellant was suing CVS for
discrimination and calling his American Black patients “niggers” which later, also
evidence shows CVS has crushing influence of the DEA (see Tom Marino Bill)
and Appellees were identified by Appellant and his Attorney Lee Durst; they were
questioned numerous times after they were captured tracking Billy Earley’s lawsuit
against CVS and they gave the lawsuit to their expert witnesses, showing their
interest in protecting CVS by having their Expert Witnesses evaluate the lawsuit.
Under Federal Rule of Evidence 201(d), judicial notice may be taken at any
appeal. Fed. R. Evid. 201(d); see also Lowry v. Barnhart, 329 F.3d 1019, 1024 (9th
Cir. 2003); Bryant v. Carleson, 444 F.2d 353, 357-58 (9th Cir. 1971); Circuit
Advisory Committee Note Seven to Ninth Circuit Rule 27-1. The Court may take
judicial notice of any matter “not subject to reasonable dispute because it: (1) is
generally known within the trial court’s territorial jurisdiction; or (2) can be
accurately and readily determined from sources whose accuracy cannot reasonably
The Crime Report were Appellants father was beat and hospitalized for 3
weeks; the breaking and entering of the Appellants clinic looking for Tosha’s
chart; and the FOIA detailing DEA involvement is the proper subject of judicial
notice.
Nat’l Educ. Ass’n, 629 F.3d 992, 998-99 (9th Cir. 2010) (judicial notice of
City of Simi Valley, 864 F.2d 1475, 1479-80 & n.2 (9th Cir. 1989) (“We take
judicial notice of these figures, contained in the reports of a public body, pursuant
The Corona Police Crime Reports and the FOIA Reports are all official
reports from their perspective offices therein stated. These documents are
authenticated because they were obtained directly from those offices and each
death threats against Appellant and his former Attorney, attacking and injuring his
family and his 78-year-old father, breaking into his business, creating an
atmosphere where American Black patients of the clinic were called niggers and
racial epithets daily, including DOJ Prosecutors racially attacking people of color,
Court were the Prosecutor John McKenna, and the Judge continued to threaten,
coerce, conceal, retaliate, and manipulate the factual evidence of what had
happened.
These Exhibits for judicial notice are consistent with the history and the
actions of the Appellees and they are required for this court determine what was
going on before the Administrative Hearings, in April of 2016. The Request for
Judicial Notice is vital because of its Exculpatory and Innocence property values of
the evidence with respect to the complaint sequences and procedural history. The
exhibits will also help the Ninth Circuit Appeals Court determine if any stipulation
Respectfully submitted
Billy Z. Earley
2144 Wembley Lane
Corona, California 92881
.
Billy Z. Earley
BILLY Z. EARLEY
Appellees-Defendants,
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I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.