Jonathan Higgins v. William L. Muniz

Filing 39

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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JONATHAN HIGGINS,

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Petitioner,

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v.

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WILLIAM L. MUNIZ, Warden,

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Respondent.

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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.
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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.
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IT THEREFORE IS ORDERED that Respondent’s motion to dismiss
25 is denied as moot, the Petition is summarily denied as time
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1 barred, and Judgment be entered dismissing this action with
2 prejudice.1
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4 DATED: March 23, 2017
OTIS D. WRIGHT, II
U.S. DISTRICT JUDGE

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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.
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