Charles Michael Reynolds v. Neil McDowell

Filing 34

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 23 by Judge John A. Kronstadt. IT IS ORDERED that: (1) the Petition for Writ of Habeas Corpus is denied; and (2) Judgment shall be entered dismissing the action with prejudice. (See Order for Further Details) (kl)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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CHARLES MICHAEL REYNOLDS,
Petitioner,

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v.
NEIL MCDOWELL,
Respondent.

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Case No. SACV 14-1972-JAK (JEM)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the

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records on file, and the Report and Recommendation of the United States Magistrate

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Judge. Petitioner has filed Objections, and the Court has engaged in a de novo review of

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those portions of the Report and Recommendation to which Petitioner has objected. To the

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extent that Petitioner attempts to introduce new evidence and raise new claims in his

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Objections, this Court declines to consider them. See Brown v. Roe, 279 F.3d 742, 744-45

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(9th Cir. 2002) (stating that a district court has discretion, but is not required, to consider

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

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recommendation). Otherwise, Petitioner’s Objections lack merit for the reasons stated in

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the Report and Recommendation. The Court accepts the findings and recommendations of

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the Magistrate Judge.1

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IT IS ORDERED that: (1) the Petition for Writ of Habeas Corpus is denied; and (2)
Judgment shall be entered dismissing the action with prejudice.

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DATED: 9/1/17
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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The Court notes two typographical errors on page one of the Report and Recommendation. The
caption should read, “NEIL MCDOWELL, Respondent.” The full sentence on page 1, line 26, should
read, “On June 22, 2015, Respondent filed an Answer.”

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