Allen Leroy Peterson v. Chase Riveland

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Allen Leroy PETERSON, Plaintiff-Appellant, v. Chase RIVELAND; et al., Defendants-Appellees. No. 94-35113. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 29, 1994. Before: WALLACE, Chief Judge, Hug and Rymer, Circuit Judges. 1 MEMORANDUM ** 2 Leroy Allen Peterson, a Washington state prisoner, appeals pro se, the district court's denial of his appeal from the decision of the magistrate judge as untimely. The magistrate judge denied Peterson's motion for a default judgment against defendants. We dismiss Peterson's appeal for lack of jurisdiction. 3 After Peterson filed his complaint in district court, the district judge referred the action to Magistrate Judge Franklin D. Burgess, pursuant to 28 U.S.C. Secs. 636 (b)(1)(A) & (B). On July 12, 1993, Peterson filed a motion for entry of default against defendants which the magistrate judge denied on September 1, 1993. Peterson…