Michael Anthony Castrellon v. Jeff Lynch
Opinion
trial_court Opinion
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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9 10 MICHAEL ANTHONY CASTRELLON, Case No. EDCV 20-1009-RGK (LAL) 11 Petitioner, ORDER ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
12 v. STATES MAGISTRATE JUDGE 13 JEFF LYNCH, 14 Respondent. 15 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge’s 18 Report and Recommendation, Petitioner’s Objections to the Report and Recommendation, and 19 the remaining record, and has made a de novo determination. 20 To the extent Petitioner attempts to raise a new claim in his Objections, i.e. the trial court 21 abused its discretion by denying Petitioner’s motion to strike a firearm enhancement or impose a 22 lesser enhancement, the Court declines to formally address this belatedly-asserted allegation. A 23 district court has discretion, but is not required, to consider evidence or claims presented for the 24 first time in objections to a report and recommendation. See Brown v. Roe, 279 F.3d 742, 744- 25 45 (9th Cir. 2002). Although Petitioner is pro se, he…