Albert Alexander Chavez v. Stuart Sherman

Case 2:18-cv-08467-JLS-SK Document Filed 04/14/ Page 1 of Page ID #:3421

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ALBERT ALEXANDER CHAVEZ, Case No. 2:18-cv-08467-JLS (SK)

Petitioner, ORDER (1) ACCEPTING REPORT

AND RECOMMENDATION TO

v.

DENY HABEAS PETITION AND

STUART SHERMAN, (2) DENYING CERTIFICATE OF

APPEALABILITY

Respondent.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, any relevant records (if necessary), and the attached Report and Recommendation to deny the Petition. Having completed its de novo review of those portions of the Report and Recommendation to which Petitioner has objected, the Court concludes that nothing in the objections materially affects or alters the findings and conclusions set forth in the Report and Recommendation.

1 Petitioner’s “objections” are not at all objections to the Report and Recommendation. They are instead new claims alleging a violation of Brady v. United States, 397 U.S. 742 (1970), and cumulative error. (ECF 32 at 16-18). The Court has no obligation to consider new claims not raised in the Petition. See Cacoperdo v. Demosthenes, 37 F.3d 504,…