United States District Court, M.D. Georgia, Macon Division
ORDER GRANTING DEFENDANT BILLY CAPE'S MOTION TO
TAKE JUDICIAL NOTICE OF COURT RECORDS FROM THE PULASKI COUNTY
E. SELF, III, JUDGE
the Court for consideration is Defendant Billy Cape's
Motion to Take Judicial Notice of Court Records from the
Pulaski County Superior Court [Doc. 16]. After consideration
of Defendant's motion and for the reasons set forth
below, Defendant's motion [Doc. 16] is
BACKGROUND AND PROCEDURAL HISTORY
Complaint [Doc. 1] states that the District Attorney for the
Oconee Judicial Circuit presented Plaintiff Johnny
Blash's conduct to the Pulaski County Grand Jury. [Doc.
1, at ¶ 37]. The grand jury returned an indictment
against Mr. Blash (Indictment No. 2015R-11768) on September
14, 2017; however, on September 18, 2017, the Assistant
District Attorney for the Superior Court of Pulaski County
sought to dismiss the indictment. [Id. at
¶¶ 39, 40, 41]. Upon said motion, the court
“nol prossed” the indictment. [Id. at
October 6, 2017, Plaintiff filed the above-mentioned
Complaint [Doc. 1], which articulates unlawful termination
and racial harassment claims. See generally, [Doc.
1]. After Defendants filed their various individual motions
to dismiss [Docs. 10, 11, 12, 13] on January 18, 2018;
Defendant Cape, on January 29, 2018, filed the instant motion
[Doc. 16] in connection with his individual motion to dismiss
[Doc. 11]. Defendant Cape states that the purpose of his
motion is to seek judicial notice of the grounds underlying
Plaintiff's indictment and contends that the
“Complaint [Doc. 1] alleges that the indictment and
[Plaintiff's] termination are inextricably
intertwined.” [Doc. 16, at 2].
April 5, 2018, Mr. Blash filed four Responses [Docs.
27, 28, 29]. Even though the Court gave three extensions of
time,  these filings were only in
response to the various individual Defendants' motions to
dismiss [Docs. 10, 11, 12, 13]. Plaintiff did not file any
response to Defendant Cape's Motion to Take Judicial
Notice of Court Records from the Pulaski County Superior
Court [Doc. 16].
[C]ourt may judicially notice a fact that is 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 be questioned.” Fed.R.Evid. 201(b).
Rule 201 further states that “a party is entitled to be
heard on the propriety of taking judicial notice and the
nature of the fact to be noticed.” See Fed. R.
Evid. 201(e). However, it appears Plaintiff never indicated
an objection or a desire to be heard on the issue of judicial
notice although given many changes to do so. Therefore,
despite Plaintiff's failure to file a response to
Defendant Cape's Motion to Take Judicial Notice [Doc.
16], the Court takes judicial notice of the Pulaski County
Superior Court indictment pertaining to Plaintiff's
current litigation because it “can be accurately and
readily determined from sources whose accuracy cannot
reasonably be questioned.” See Fed. R. Evid.
201(b)(2). See also Redner v. Citrus County,
Florida, 919 F.2d 646, 657 n.14 (11th Cir. 1990)
(stating that a court may take judicial notice of a state
court proceeding); Colonial Penn Ins. Co. v. Coil,
887 F.2d 1236, 1239 (4th Cir. 1989) (“We note that the
most frequent use of judicial notice of ascertainable facts
is in noticing the content of court records.”)
(internal quotations and citations omitted); Davis v.
Richland County, No. 4:12-CV-3429-RMG-TER, 2013 WL
5797739, at *2 n.1 (D.S.C. Oct. 24, 2013) (taking judicial
notice of state court records concerning the plaintiff's
arrest and indictment, which were maintained by the state
court). See also Odion v. Google Inc., 628 Fed.Appx.
635, 638 (11th Cir. 2015) (noting that the district court
could have taken judicial notice of state court records).
light of Federal Rule of Evidence 201 and the above-listed
cases, the Court takes judicial notice that the Grand Jury of
Pulaski County, Georgia, returned a two-count indictment
against Johnny Blash. [Doc. 11-1, at 1]. The Court also takes
judicial notice that “[o]n motion of the District
Attorney after examination in open court, it [was] ordered
that a NOLLE PROSEQUI be entered” as to Indictment No.
2015R-11768. [Id. at 4].
the Court GRANTS Defendant Cape's Motion
to Take Judicial Notice of Court Records from the Pulaski
County Superior Court [Doc. 16].