Jonathan Higgins v. William L. Muniz, No. 2:2015cv09614 - Document 39 (C.D. Cal. 2017)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Otis D. Wright, II. IT THEREFORE IS ORDERED that Respondent's motion to dismiss is denied as moot, the Petition is summarily denied as time barred, and Judgment be entered dismissing this action with prejudice.1 (See Order for details) 22 , 16 , 12 , 34 (bem)

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Jonathan Higgins v. William L. Muniz Doc. 39 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 JONATHAN HIGGINS, 10 Petitioner, 11 v. 12 WILLIAM L. MUNIZ, Warden, 13 Respondent. 14 15 ) ) ) ) ) ) ) ) ) ) Case No. CV 15-9614-ODW (JPR) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the 16 Petition, records on file, and Report and Recommendation of U.S. 17 Magistrate Judge. On March 6, 2017, Petitioner filed objections 18 to the R. & R., in which he mostly simply repeats in conclusory 19 fashion some of the arguments in his Petition. His arguments 20 were thoroughly addressed and rejected in the R. & R. 21 Having made a de novo determination of those portions of the 22 R. & R. to which Petitioner has filed objections, the Court 23 accepts the findings and recommendations of the Magistrate Judge. 24 IT THEREFORE IS ORDERED that Respondent’s motion to dismiss 25 is denied as moot, the Petition is summarily denied as time 26 27 28 Dockets.Justia.com 1 barred, and Judgment be entered dismissing this action with 2 prejudice.1 3 4 DATED: March 23, 2017 OTIS D. WRIGHT, II U.S. DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 Petitioner’s objections also purport to be a notice of But because judgment had not yet been entered at that time, the notice is ineffective to appeal from the Court’s decision. See Burnside v. Jacquez, 731 F.3d 874, 875 (9th Cir. 2013) (“A notice of appeal from a magistrate judge’s report and recommendation is ineffective.”). Petitioner must file a new notice of appeal under Federal Rule of Appellate Procedure 4(a)(1). 25 appeal. 26 27 28 2

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