Opinion

Anthony Conners v. Kathy

Court
District Court, C.D. California
Filed
Jan 18, 2023
Cited by
0 cases
Authority
More cited than 16.4%

district judge did not 12 abuse discretion in refusing to consider factual allegations not presented to the 13 magistrate judge

How later courts described this case

  • district judge did not 12 abuse discretion in refusing to consider factual allegations not presented to the 13 magistrate judge

Written by the judges who cited it.

The opinion

Case 2:19-cv-07147-JWH-SHK Document 136 Filed 01/18/23 Page 1 of 3 Page ID #:689

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10

11 ANTHONY CONNERS, Case No. 2:19-cv-07147-JWH-SHK

12 Plaintiff,

ORDER ACCEPTING FINDINGS

13 v. AND RECOMMENDATION OF

UNITED STATES MAGISTRATE

14 KATHY, et al., JUDGE

15 Defendants.

16

17

18

19

20

21

22

23

24

25

26

27

28

Case 2:19-cv-07147-JWH-SHK Document 136 Filed 01/18/23 Page 2 of 3 Page ID #:690

1 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended

2 Complaint (“SAC”), Defendants’ Motion to Dismiss (“MTD”) the SAC,

3 Plaintiff’s Motion for Judgment on the Pleadings (“MJP”), the relevant records on

4 file, and the Report and Recommendation (“R&R”) of the United States

5 Magistrate Judge. The Court has engaged in a de novo review of those portions of

6 the R&R to which Plaintiff has objected. The Court accepts the findings and

7 recommendation of the Magistrate Judge.

8 To the extent that Plaintiff attempts to raise new claims and arguments in his

9 Objections to the Magistrate Judge’s Report and Recommendation, the Court

10 declines to exercise its discretion to address those new arguments formally. See

11 United States v. Howell, 231 F.3d 615, 631-22 (9th Cir. 2000) (district judge did not

12 abuse discretion in refusing to consider factual allegations not presented to the

13 magistrate judge); see also Brown v. Roe, 279 F.3d 742, 744–45 (9th Cir. 2002)

14 (stating that a district court has discretion, but is not required, to consider evidence

15 or claims presented for the first time in objections to a report and

16 recommendation). Nevertheless, the Court has considered each of Petitioner’s

17 proposed claims and arguments and concludes that they do not warrant further

18 analysis at this time.

19 It is therefore ORDERED as follows:

20 1. Defendants’ MTD claim one from the SAC is GRANTED and

21 Defendant Catherine Giron is DISMISSED from this action.

22 2. Defendants’ MTD claim two from the SAC is DENIED.

23 3. Defendants’ MTD based upon qualified immunity is DENIED.

24

25

26

27

28 2

Case □□□□□□□□□□□□□□□□□□□□□ Document 136 Filed 01/18/23 Page 3of3 Page ID #:691

1 4. Plaintiff's MJP is DENIED without prejudice.

2 IT IS SO ORDERED.

4 | Dated: January 18, 2023 VY.

5 HONORABLE JOHN W. HOLCOMB

6 United States District Judge

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.