Lebarron J. Edwards v. W. L. Montgomery

Filing 34

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge John A. Kronstadt for Report and Recommendation (Issued) 27 . IT IS ORDERED THAT the Report and Recommendation is approved and accepted; Judgment be entered denying the Petition and dismissing this action with prejudice; and the Clerk serve copies of this Order on the parties. (dfi)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LEBARRON J. EDWARDS,

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Petitioner,

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Case No. LACV 15-8406-JAK (LAL)

v.

ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

W.L. MONTGOMERY, Warden,

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Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge’s

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Report and Recommendation, Petitioner’s Objections and the remaining record, and has made a

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de novo determination.

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To the extent Petitioner attempts to raise new claims in his Objections, this Court

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declines to consider the belatedly-asserted arguments. A district court has discretion, but is not

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required, to consider evidence or claims presented for the first time in objections to a report and

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recommendation.1 Although Petitioner is pro se, he nevertheless had the opportunity to include

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all of his allegations at an earlier time, but failed to do so. Moreover, Petitioner’s claims are not

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novel claims in an unsettled area of law.2 Otherwise, Petitioner’s Objections lack merit for the

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reasons stated in the Report and Recommendation.

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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).

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Accordingly, IT IS ORDERED THAT:

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The Report and Recommendation is approved and accepted;

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Judgment be entered denying the Petition and dismissing this action with

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prejudice; and
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The Clerk serve copies of this Order on the parties.

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DATED: May 25, 2017

_________________________________________
HONORABLE JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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