Opinion
Civil Action No. 3:02-CV-0581-H, Criminal No. 3:01-CR-177-H (19).
April 12, 2002
ORDER
Before the Court are the Findings, Conclusions and Recommendation of the United States Magistrate Judge, filed March 27, 2002. Subsequent to the filing by the Magistrate Judge, Defendant was sentenced on April 5, 2002 and thereafter filed his Notice of Appeal April 10, 2002.
The Court has made the required independent review of the pleadings, files, and records in this case; and the Findings and Conclusions of the Magistrate Judge. Having done so, the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are ADOPTED as the Findings and Conclusions of the Court, and Petitioner's § 2255 Motion in this case was premature and should be dismissed without prejudice.
Judgment will be entered accordingly.
SO ORDERED.