Filed: Jun. 18, 2019
Latest Update: Jun. 18, 2019
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CHRISTINA A. SNYDER , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination. To the extent Petitioner attempts to raise new claims in his Objections, i.e. insufficient evidence (Objections at 3-4, 6-9; Points and Aut
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CHRISTINA A. SNYDER , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination. To the extent Petitioner attempts to raise new claims in his Objections, i.e. insufficient evidence (Objections at 3-4, 6-9; Points and Auth..
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ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
CHRISTINA A. SNYDER, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination.
To the extent Petitioner attempts to raise new claims in his Objections, i.e. insufficient evidence (Objections at 3-4, 6-9; Points and Authorities in Support of Objections at 1-4) and actual innocence (Objections at 3-8), the Court declines to formally address these belatedly-asserted allegations. A district court has discretion, but is not required, to consider evidence or claims presented for the first time in objections to a report and recommendation.1 Although Petitioner is pro se, he nevertheless had the opportunity to include all of his allegations at an earlier time but failed to do so. Moreover, Petitioner's claims are not novel claims.2 However, the Court has considered Petitioner's arguments and find they lack merit.
Petitioner's Objections otherwise lack merit for the reasons set forth in the Report and Recommendation.
Accordingly, IT IS ORDERED THAT:
1. The Report and Recommendation is approved and accepted;
2. Judgment be entered denying the Petition and dismissing this action with prejudice; and
3. The Clerk serve copies of this Order on the parties.
FootNotes
1. See Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002).
2. See Sossa v. Diaz, 729 F.3d 1225, 1231, (9th Cir. 2013).
