Opinion
Case No. C05-2109-TSZ-MJB, No. (CR01-325-TSZ).
February 14, 2006
ORDER DISMISSING PETITIONER'S § 2255 MOTION
The Court, having reviewed Petitioner's § 2255 motion, the Report and Recommendation of Judge Monica J. Benton, United States Magistrate Judge, and the remaining record, does hereby find and Order:
(1) The Court adopts the Report and Recommendation.
(2) Petitioner's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (Dkt. #1) is DISMISSED without prejudice as premature. See United States v. Deeb, 944 F.2d 545, 548 (9th Cir. 1991).
(3) The Clerk is directed to send a copy of this Order to petitioner and to Judge Benton.