Darnell Black, Sr v. R Caputo

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DARNELL BLACK, SR., Case No. CV 18-00793-RGK (RAO)

Plaintiff,

v. ORDER ACCEPTING REPORT AND

RECOMMENDATION OF UNITED

R. Caputo, et al., STATES MAGISTRATE JUDGE Defendants. 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Complaint (“SAC”), Defendants’ Motion to Dismiss, all of the other records and files herein, and the Report and Recommendation of United States Magistrate Judge (“Report”) issued on December 16, 2019. Further, the Court has made a de novo determination of those portions of the Report to which objections have been made. Included among Plaintiff’s objections to the Report is a new claim of an ADA violation. When a claim is asserted for the first time in objections to the Report and Recommendation of United States Magistrate Judge, the Court has discretion whether to consider it. Brown v. Roe, 279 F.3d 742, 744-45 (9th Cir. 2002). Here, the Court exercises…