Michael Richard Wentworth v. R. Madden

Filing 50

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Valerie Baker Fairbank for Report and Recommendation (Issued) 41 . IT IS ORDERED that: petitioners Motion for Evidentiary Hearing [Doc #37] is DENIED;the habeas corpus petition is DENIED; this action is dismissed with prejudice. (rh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 MICHAEL WENTWORTH, ) ) Petitioner, ) v. ) ) ) R. MADDEN, Warden, ) Respondent. ) _________________________________ ) NO. SA CV 16-744-VBF (KS) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas 19 Corpus (“Petition”), all of the records herein, and the Report and Recommendation of 20 United States Magistrate Judge (“Report”), Petitioner’s Objections to the Magistrate 21 Judge’s Report and Recommendation (“Objections”), and Petitioner’s exhibits, including a 22 CD purporting to contain GPS information for Petitioner on December 27, 2011 (Dkt. No. 23 48). Pursuant to 28 U.S.C. § 636(b)(1)(C) and FED. R. CIV. P. 72(b), the Court has 24 conducted a de novo review of those portions of the Report to which objections have been 25 stated. 26 27 Petitioner makes various factual assertions in, and appends a panoply of exhibits to, 28 his Objections, some of which are newly-presented. In addition, Petitioner raises several 1 1 new habeas claims that were not alleged in the Petition. A district court has discretion, but 2 is not required, to consider evidence or arguments presented for the first time in objections 3 to a report and recommendation. See Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002); 4 United States v. Howell, 231 F.3d 615, 621-22 (9th Cir. 2000). The Court declines to 5 consider the habeas claims asserted for the first time in the Objections. The Court has 6 exercised its discretion to consider Petitioner’s new evidence, but concludes that it does not 7 affect or alter the analysis and conclusions set forth in the Report. 8 9 10 Having completed its review, the Court accepts the findings and recommendations set forth in the Report. Accordingly, IT IS ORDERED that: 11 (1) petitioner’s Motion for Evidentiary Hearing [Doc #37] is DENIED; 12 (2) the habeas corpus petition is DENIED; 13 (3) this action is dismissed with prejudice; and 14 (4) separate final judgment shall be entered consistent with this Order and with the 15 R&R. 16 17 Dated: November 13, 2017 18 ________________________________ VALERIE BAKER FAIRBANK UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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