Jose De Jesus Cardenas v. George Jaime

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JOSE DE JESUS CARDENAS, Case No. CV 20-2798-DOC (PD)

12 Petitioner,

ORDER ACCEPTING

13 v.

FINDINGS, CONCLUSIONS,

14 GEORGE JAIME, AND RECOMMENDATION OF

UNITED STATES

15 Respondent. MAGISTRATE JUDGE 16

17

18 On April 15, 2021, the United States Magistrate Judge issued a Report 19 and Recommendation (“Report”), recommending that Petitioner’s Petition for 20 Writ of Habeas Corpus be denied and that this action be dismissed with 21 prejudice. [Dkt. No. 16.] On May 17, 2021, Petitioner filed his Objections. 22 [Dkt. No. 17.] 23 In his Objections, Petitioner asserts one argument for the first time.1 24 Petitioner contends that the Magistrate Judge erred in relying on Petitioner’s 25 trial testimony to conclude that the alleged error in allowing the prosecution 26 1 The Court exercises its discretion to consider the argument. See Brown v. Roe, 279 27 F.3d 742, 744-45 (9th Cir. 2002) (district court has discretion, but is not required, to 28 consider…