Opinion
8:21-cv-00443-SSS-SK
06-26-2023
ERICK SILVA-SUAREZ, Petitioner, v. KELLY SANTORO, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION TO DENY HABEAS PETITION
SUNSHINE S. SYKES UNITED STATES DISTRICT JUDGE
In accordance with 28 U.S.C. § 636, the Court has reviewed the attached Report and Recommendation (“R&R”) to deny the habeas petition, any pertinent records as needed, and Petitioner's objections. [Dkt. 18]. The Court has reviewed de novo those identifiable portions of the R&R to which Petitioner has timely and properly objected. See 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
In doing so, the Court declines to consider any arguments raised for the first time only in the objections. See United States v. Howell, 231 F.3d 615, 621-23 (9th Cir. 2000). It also declines to consider objections that simply repeat arguments fully addressed but rejected in the R&R. See Trejo Perez v. Madden, 2020 WL 1154807, at *1 (E.D. Cal. Mar. 10, 2020) (objections that “merely repeat[] the same arguments . . . considered and found to be insufficient” require no review since they “do not meaningfully dispute the magistrate judge's findings and recommendations”); Hagberg v. Astrue, 2009 WL 3386595, at *1 (D. Mont. Oct. 14, 2009) (“Objections to a magistrate's Findings and Recommendations are not a vehicle for the losing party to relitigate its case.”).
Concluding that nothing in Petitioner's objections affects the material findings and conclusions in the R&R, the Court accepts the R&R and orders that the petition under 28 U.S.C. § 2254 be DENIED. Judgment DISMISSING this action WITH PREJUDICE will be entered accordingly.
IT IS SO ORDERED.