Jose De Jesus Cardenas v. George Jaime

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JOSE DE JESUS CARDENAS, Case No. CV 20-2798-DOC (PD)

Petitioner,

ORDER ACCEPTING

v.

FINDINGS, CONCLUSIONS,

GEORGE JAIME, AND RECOMMENDATION OF

UNITED STATES

Respondent. MAGISTRATE JUDGE

18 On April 15, 2021, the United States Magistrate Judge issued a Report 19 and Recommendation (“Report”), recommending that Petitioner’s Petition for Writ of Habeas Corpus be denied and that this action be dismissed with prejudice. [Dkt. No. 16.] On May 17, 2021, Petitioner filed his Objections. [Dkt. No. 17.] In his Objections, Petitioner asserts one argument for the first time.1 Petitioner contends that the Magistrate Judge erred in relying on Petitioner’s 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 consider…