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BURNSIDE v. JACQUEZ

No. 13-56009.

731 F.3d 874 (2013)

Darryl Tyrone BURNSIDE, Petitioner-Appellant, v. Francisco JACQUEZ, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2013.

Attorney(s) appearing for the Case

Darryl Tyrone Burnside, Lancaster, CA, pro se Appellant.

David Elgin Madeo , Office of the Attorney General, California Department of Justice, Los Angeles, CA, for Appellee.

Before: MARY M. SCHROEDER, EDWARD LEAVY, and MARSHA S. BERZON, Circuit Judges.

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...

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