Shonte Mosley v. D. Braughman, No. 2:2017cv09149 - Document 19 (C.D. Cal. 2018)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Percy Anderson for Report and Recommendation (Issued) 17 . IT IS ORDERED that: (1) the Petition is DENIED; and (2) Judgment shall be entered dismissing this action with prejudice. (see order for details) (hr)

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Shonte Mosley v. D. Braughman Doc. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) D. BRAUGHMAN, Warden, ) Respondent. ) _________________________________ ) SHONTE MOSLEY, Petitioner, v. NO. CV 17-9149-PA (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 First Amended Petition for 19 Writ of Habeas Corpus (“Petition”), all of the records herein, the Report and 20 Recommendation of United States Magistrate Judge (“Report”), and Petitioner’s Objections to 21 the Magistrate Judge’s Report and Recommendation (“Objections”). Pursuant to 28 U.S.C. § 22 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the Court has conducted a de novo review of those 23 portions of the Report to which objections have been stated. 24 25 The Court notes that Petitioner filed exhibits with his Objections, including an unsigned 26 2016 declaration from Petitioner’s co-defendant. (Dkt. No. 18.) The Court exercises its 27 discretion to consider evidence presented for the first time in objections to a report and 28 recommendation. See Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir.2002); United States v. Dockets.Justia.com 1 Howell, 231 F.3d 615, 621-22 (9th Cir. 2000). The Court concludes that this evidence does 2 not affect the correctness of the Report’s conclusions. 3 4 Having completed its review, the Court accepts the findings and recommendations set 5 forth in the Report. Accordingly, IT IS ORDERED that: (1) the Petition is DENIED; and (2) 6 Judgment shall be entered dismissing this action with prejudice. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 21, 2018 ________________________________ PERCY ANDERSON UNITED STATES DISTRICT JUDGE

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