Wayne Lefon Briggs v. R.C. Johnson

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WAYNE LEFON BRIGGS, Case No. 2:21-cv-04458-JLS (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 Plaintiff’s objections (ECF 28). The Court has reviewed de novo those identifiable portions of the R&R to which Plaintiff 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 insufficient”…