Opinion
Case No. LACV 17-5270-DOC (LAL)
06-19-2018
GEORGE C. HOOVER, III, Petitioner, v. DANIEL PARAMO, Warden, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections and the remaining record, and has made a de novo determination.
To the extent Petitioner attempts to raise a new claim of ineffective assistance of counsel (Objections at 3-4), this Court declines to consider this belatedly-asserted allegation. 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 his new allegation at an earlier time, but failed to do so. Moreover, Petitioner's argument does not present a novel claim in an unsettled area of law.
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 stated in the Report and Recommendation.
Accordingly, IT IS ORDERED THAT:
1. The Report and Recommendation is approved and accepted;DATED: June 19, 2018
2. Judgment be entered denying the Petition and dismissing this action with prejudice; and
3. The Clerk serve copies of this Order on the parties.
/s/_________
HONORABLE DAVID O. CARTER
UNITED STATES DISTRICT JUDGE