Michael Nelson Bresnak v. Craig Koenig

Good Law
United States District Court, Central District of CaliforniaJune 1, 20232:21-cv-03206California347 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

MICHAEL NELSON BRESNAK, Case No. 2:21-cv-03206-VAP (SK)

Petitioner, ORDER ACCEPTING REPORT v. AND RECOMMENDATION TO

DENY HABEAS PETITION

CRAIG KOENIG, Warden, Respondent.

In accordance with 28 U.S.C. § 636, the Court has reviewed the attached Report and Recommendation (R&R) to deny the habeas petition, any pertinent records as needed, and Petitioner’s objections (ECF 30). The Court has reviewed de novo those identifiable portions of the R&R to which Petitioner has timely and properly objected. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). In doing so, the Court has declined to consider any arguments raised for the first time only in the objections. See United States v. Howell, 231 F.3d 615, 621-23 (9th Cir. 2000). It has also declined to consider objections that simply repeat arguments fully addressed but rejected in the R&R. See Trejo Perez v. Madden, 2020 WL 1154807, at *1 (E.D. Cal. Mar. 10, 2020) (objections that “merely repeat[] the same arguments . . . considered and found to be…

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