UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00273 Jerremy Raschaad Ray, Petitioner, V. TDCJ-CID Director, Respondent. ORDER Petitioner Jerremy Raschaad Ray, proceeding pro se, filed a pe- tition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The case was referred to United States Magistrate Judge K. Nicole Mitchell. On September 2, 2021, petitioner filed a motion to dismiss the state-court indictment upon which his conviction is based. Doc. 14. The magistrate judge issued a report and recommendation (Doc. 20) recommending that petitioner’s motion to dismiss be construed as an application for writ of mandamus and denied for failing to meet the necessary standards for granting a mandamus. Petitioner filed objections to the report. Doc. 24. Petitioner as- serts for the first time that the respondent has defaulted by failing to file an answer or response to his petition. Parties may not raise “new evidence, argument(s], and issues that were not presented to the magistrate judge, absent compelling reasons.” Freeman v. Cnty. of Bexar, 142 F.3d 848, 850 (5th Cir. 1998). No such compelling reasons exist here. ““New claims and issues may not .. . be raised for the first time in objections to a Report and Recommendation.” Place ». Thomas, 61 F. App’x 120, 2003 WL 342287, at *1 (5th Cir. 2003) (cit- ing United States v. Armstrong, 951 F.2d 626, 630 (5th Cir. 1992)). The court additionally notes that respondent has not yet been or- dered to file an answer or other responsive pleading to petitioner’s habeas petition. Rule 5(a), Rules Governing Section 2254 Cases in the United States District Courts. Petitioner’s remaining objections reiterate the arguments in his motion and are meritless. Having conducted a de novo review of the record and the magistrate judge’s proposed findings and recommen- dations, the court accepts the findings and conclusions of the magis- trate judge. The motion to dismiss the state-court indictment, con- strued as an application for writ of mandamus (Doc. 14), is denied. So ordered by the court on December 1, 2021. _fGacloos BARKER United States District Judge