Opinion
LACV 19-056-VBF (LAL)
10-13-2021
GUY CARLSON, Petitioner, v. KELLY SANTORO, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
HONORABLE VALERIE BAKER FAIRBANK SENIOR UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 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, 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. 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. However, the Court has considered Petitioner's arguments and find they lack merit.
See Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002).
See Sossa v. Diaz, 729 F.3d 1225, 1231 (9th Cir. 2013).
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 First Amended Petition and dismissing this action with prejudice; and
3. The Clerk serve copies of this Order on the parties.