Richard Collins v. S. Smith

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

RICHARD COLLINS, Case No. 5:23-cv-02263-SB-KES

Petitioner,

ORDER ACCEPTING REPORT AND

v.

RECOMMENDATION OF

S. SMITH, Warden, U.S. MAGISTRATE JUDGE

Respondent.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (Dkt. No.

1), the other records on file herein, and the Report and Recommendation (“R&R”)

of the U.S. Magistrate Judge (Dkt. No. 7). The deadline for filing objections to the R&R passed on December 14, 2023, and no objections were filed. On December 22, 2023, petitioner filed a motion for extension of time to file an appeal, referring to the R&R as a “response and denial” and mailing his motion directly to the Ninth Circuit Court of Appeals. The Ninth Circuit docketed the motion as a notice of appeal and sent a courtesy copy to this Court. Dkt. No. 9. Based on the filing, it appears that petitioner incorrectly interpreted the R&R as a final decision and requested additional time to…