Jose Garcia v. M. Gamboa

Case 2:21-cv-05878-FMO-GJS Document Filed 03/01/ Page 1 of Page ID #:1086

2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JOSE GARCIA, ) Case No. CV 21-5878 FMO (GJS) ) Petitioner, ) ) ORDER ACCEPTING AMENDED REPORT v. ) AND RECOMMENDATION OF UNITED ) STATES MAGISTRATE JUDGE M. GAMBOA, Warden, ) ) Respondent. ) ) 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records on file, and the Amended Report and Recommendation of the United States Magistrate Judge. The Court has engaged in a de novo review of those portions of the Amended Report and Recommendation to which Petitioner has objected. The Court recognizes that Petitioner has presented for the first time in his Objections a sentencing error claim. (Dkt. 24, “Objections” at 8, 11-13). The Court exercises its discretion to decline to consider Petitioner’s belatedly presented claim. See Brown v. Roe, 279 F.3d 742, 744- 45 (9th Cir. 2002) (stating that…