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Gregory Coates v. T. Gonzalez

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 4, 2013

GREGORY COATES,
PETITIONER,
v.
T. GONZALEZ, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Dale S. Fischer United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), all of the records herein, the Report and Recommendation of United States Magistrate Judge ("Report"), and petitioner's Objections to the Report. The Court has conducted a de novo review of those portions of the Report to which objections have been stated in writing.

Petitioner has appended to the Objections several new documents, including inmate grievance and classification forms and documents from Petitioner's underlying criminal cases. A district court has discretion, but is not required, to consider evidence 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); United States v. Howell, 231 F.3d 615, 621-22 (9th Cir. 2000). The Court has exercised its discretion to consider these newly-proffered documents. Having done so, and having completed its review, the Court accepts the findings and recommendations set forth in the Report.

IT IS ORDERED that: (1) the Petition is denied; and (2) Judgment shall be entered dismissing Grounds One, Two, and Four of the Petition with prejudice and Ground Three of the Petition without prejudice.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on the parties.

LET JUDGMENT BE ENTERED ACCORDINGLY.

20130304

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