Case 2:21-cv-06316-ODW-GJS Document 30 Filed 02/08/23 Page 1 of 2 Page ID #:2577

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 JONATHAN GONZALEZ, Case No. 2:21-cv-06316-ODW (GJS)

12 Petitioner

ORDER ACCEPTING FINDINGS

13 v. AND RECOMMENDATIONS OF

UNITED STATES MAGISTRATE

14 B. CATES, JUDGE 15 Respondent.

16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all 19 documents filed and lodged in this action, the Report and Recommendation of 20 United States Magistrate Judge [Dkt. 11, “Report”], Petitioner’s Objections to the 21 Report [Dkt. 27], and Petitioner’s Motion To Amend Habeas Petition [Dkt. 28, 22 “Motion”]. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b), the 23 Court has conducted a de novo review of those portions of the Report to which 24 objections have been stated. 25 A district court has discretion, but is not required, to consider arguments 26 presented for the first time in objections to a report and recommendation. See 27 Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002); United States v. Howell, 231 28 F.3d 615, 621-22 (9th Cir. 2000). In the Motion, Petitioner asks the Court to amend Case #:21-cv-06316-ODW-GJS Document 30 Filed 02/08/23 Page 2of2 Page ID #:2578

1 || the operative habeas petition to include two new grounds for relief he has argued in 2 || his Objections: (1) that witness Sara Chavez testified falsely; and (2) that witness 3 || Vladimir Levicky testified falsely. There is no showing that either claim has been 4 || exhausted in the state courts, nor has any adequate explanation been presented for 5 || Petitioner’s failure to do so or for his delay in waiting to raise these new claims until 6 || after briefing was completed and the Report had issued. To the extent that 7 || Petitioner seeks to have the Court consider these newly-asserted matters as extant 8 || bases for federal habeas relief, the Court exercises its discretion to decline to 9 || consider any such belatedly-raised habeas claims. That said, the Court has carefully 10 || considered all of the arguments raised in the Objections to the Report. 11 Having completed its review, the Court accepts the findings and 12 || recommendations set forth in the Report. Accordingly, IT IS ORDERED that: the 13 || Petition is DENIED; the Motion is DENIED; and Judgment shall be entered 14 || dismissing this action with prejudice. 15 16 || DATE: February 8, 2023 eg 17 18 OTIS D. WRIGHT, II

UNITED STATES DISTRICT JUDGE

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