Darryl Burnside v. Francisco Jacquez
Opinion
Opinion
ORDER
Darryl Tyrone Burnside, a California state prisoner, filed a petition for writ of habeas corpus in the district court. On February 25, 2013, the magistrate judge issued a report and recommendation to deny the petition. On March 10, 2013, Burnside sent a premature notice of appeal to the district court. The district court received and lodged the notice of appeal on March 22, 2013, but did not file it. On May 28, 2013, the district court adopted the magistrate judge’s report and recommendation, dismissed the action, and entered a final judgment.
After the district court entered a final judgment, the magistrate judge issued an order .noting that, at the time Burnside filed his notice of appeal, there was no appealable order on file and that the notice of appeal was premature. The magistrate judge further noted that, now that the district court had entered a final judgment, the notice of appeal may be filed pursuant to Federal Rule of Appellate Procedure 4(a)(2). The magistrate judge then directed the clerk to file the notice of appeal. The clerk filed the notice of appeal on June 6, 2013. This docket was opened as a result of that filing.