Peter Johnson v. W. L. Montgomery

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 PETER JOHNSON, ) Case No. CV 19-10380-PA (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE W.L. MONTGOMERY, Warden, ) 14 ) Respondent. ) 15 ) 16 On August 12, 2021, the Court entered judgment after Petitioner had failed to file objections to the Magistrate Judge’s Report and Recommendation. Petitioner moved to vacate the judgment, and on August 23, 2021, the Court granted his request, giving him “one more chance” to file objections. Instead, he filed a notice of appeal on September 14, 2021. Because there was not yet a final judgment, the notice of appeal was premature and ineffective. See Burnside v. Jacquez, 731 F.3d 874, 875-76 (9th Cir. 2013) (dismissing appeal for lack of jurisdiction because premature notice of appeal from magistrate judge’s report and recommendation was ineffective); Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (premature appeal of magistrate judge’s findings and recommendations…