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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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL WENTWORTH,

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Petitioner,
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v.
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R. MADDEN, Warden,
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Respondent.
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NO. SA CV 16-744-VBF (KS)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas

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Corpus (“Petition”), all of the records herein, and the Report and Recommendation of

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United States Magistrate Judge (“Report”), Petitioner’s Objections to the Magistrate

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Judge’s Report and Recommendation (“Objections”), and Petitioner’s exhibits, including a

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CD purporting to contain GPS information for Petitioner on December 27, 2011 (Dkt. No.

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48). Pursuant to 28 U.S.C. § 636(b)(1)(C) and FED. R. CIV. P. 72(b), the Court has

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conducted a de novo review of those portions of the Report to which objections have been

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stated.

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Petitioner makes various factual assertions in, and appends a panoply of exhibits to,

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his Objections, some of which are newly-presented. In addition, Petitioner raises several

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new habeas claims that were not alleged in the Petition. A district court has discretion, but

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is not required, to consider evidence or arguments presented for the first time in objections

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to a report and recommendation. See Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002);

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United States v. Howell, 231 F.3d 615, 621-22 (9th Cir. 2000). The Court declines to

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consider the habeas claims asserted for the first time in the Objections. The Court has

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exercised its discretion to consider Petitioner’s new evidence, but concludes that it does not

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affect or alter the analysis and conclusions set forth in the Report.

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Having completed its review, the Court accepts the findings and recommendations
set forth in the Report. Accordingly, IT IS ORDERED that:

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(1) petitioner’s Motion for Evidentiary Hearing [Doc #37] is DENIED;

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(2) the habeas corpus petition is DENIED;

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(3) this action is dismissed with prejudice; and

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(4) separate final judgment shall be entered consistent with this Order and with the

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R&R.

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Dated: November 13, 2017

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________________________________
VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE

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