Opinion
2:16-cr-00024 KJM DB
06-21-2022
UNITED STATES OF AMERICA, Respondent, v. HELAMAN HANSEN, Movant.
ORDER
Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 18, 2022, the magistrate judge filed findings and recommendations, which were served on movant and which contained notice to movant that any objections to the findings and recommendations were to be filed within twenty-one days. (ECF No. 231.) Movant has not filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[Determinations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed February 18, 2022 (ECF No. 231), are adopted in full;
2. Movant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (ECF No. 227) is dismissed without prejudice as premature;
3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253; and
4. The Clerk of the Court is directed to close the companion civil case, No. 2:22-cv-00247, and to enter judgment. 2