Richard Collins v. S. Smith
Opinion
trial_court Opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 RICHARD COLLINS, Case No. 5:23-cv-02263-SB-KES
12 Petitioner,
ORDER ACCEPTING REPORT AND
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RECOMMENDATION OF
14 S. SMITH, Warden, U.S. MAGISTRATE JUDGE
15 Respondent.
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18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition (Dkt. No.
19 1), the other records on file herein, and the Report and Recommendation (“R&R”)
20 of the U.S. Magistrate Judge (Dkt. No. 7). The deadline for filing objections to the 21 R&R passed on December 14, 2023, and no objections were filed. 22 On December 22, 2023, petitioner filed a motion for extension of time to file 23 an appeal, referring to the R&R as a “response and denial” and mailing his motion 24 directly to the Ninth Circuit Court of Appeals. The Ninth Circuit docketed the 25 motion as a notice of appeal and sent a courtesy copy to this Court. Dkt. No. 9. 26 Based on the filing, it appears that petitioner incorrectly interpreted the R&R as a 27 final decision and requested additional time to…