Charles Michael Reynolds v. Neil McDowell, No. 8:2014cv01972 - Document 34 (C.D. Cal. 2017)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 23 by Judge John A. Kronstadt. IT IS ORDERED that: (1) the Petition for Writ of Habeas Corpus is denied; and (2) Judgment shall be entered dismissing the action with prejudice. (See Order for Further Details) (kl)
Download PDF
Charles Michael Reynolds v. Neil McDowell Doc. 34 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 CHARLES MICHAEL REYNOLDS, Petitioner, 13 14 15 16 v. NEIL MCDOWELL, Respondent. ) ) ) ) ) ) ) ) ) ) ) Case No. SACV 14-1972-JAK (JEM) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 Pursuant to 28 U.S.C. Section 636, the Court has reviewed the pleadings, the 18 records on file, and the Report and Recommendation of the United States Magistrate 19 Judge. Petitioner has filed Objections, and the Court has engaged in a de novo review of 20 those portions of the Report and Recommendation to which Petitioner has objected. To the 21 extent that Petitioner attempts to introduce new evidence and raise new claims in his 22 Objections, this Court declines to consider them. See Brown v. Roe, 279 F.3d 742, 744-45 23 (9th Cir. 2002) (stating that a district court has discretion, but is not required, to consider 24 evidence or claims presented for the first time in objections to a report and 25 recommendation). Otherwise, Petitioner’s Objections lack merit for the reasons stated in 26 27 28 Dockets.Justia.com 1 the Report and Recommendation. The Court accepts the findings and recommendations of 2 the Magistrate Judge.1 3 4 IT IS ORDERED that: (1) the Petition for Writ of Habeas Corpus is denied; and (2) Judgment shall be entered dismissing the action with prejudice. 5 6 DATED: 9/1/17 JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 27 The Court notes two typographical errors on page one of the Report and Recommendation. The caption should read, “NEIL MCDOWELL, Respondent.” The full sentence on page 1, line 26, should read, “On June 22, 2015, Respondent filed an Answer.” 28 2 26