Michael Anthony Castrellon v. Jeff Lynch

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 MICHAEL ANTHONY CASTRELLON, Case No. EDCV 20-1009-RGK (LAL) Petitioner, ORDER ACCEPTING REPORT AND

RECOMMENDATION OF UNITED

v. STATES MAGISTRATE JUDGE JEFF LYNCH, Respondent. 15 16 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge’s Report and Recommendation, Petitioner’s Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination. To the extent Petitioner attempts to raise a new claim in his Objections, i.e. the trial court abused its discretion by denying Petitioner’s motion to strike a firearm enhancement or impose a lesser enhancement, the Court declines to formally address this belatedly-asserted allegation. A district court has discretion, but is not required, to consider evidence or claims presented for the first time in objections to a report and recommendation. See Brown v. Roe, 279 F.3d 742, 744- 45 (9th Cir. 2002). Although Petitioner is pro se, he…