Christopherson v. United States Parole and Probation

Filing 2

ORDER. IT IS THEREFORE ORDERED that 1 Christopherson's petition is DISMISSED. IT IS FURTHER ORDERED that the petitioner is denied a certificate of appealability. IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 7/31/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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IAN CHRISTOPHERSON,

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Case No. 2:18-cv-01061-RFB-GWF

Petitioner,

ORDER

v.
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UNITED
STATES
PROBATION, et al.,

PAROLE

AND

Respondents.

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Ian Christopherson has filed what he styled a habeas corpus petition pursuant to

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28 U.S.C. § 2241 (ECF No. 1). However, he seeks to challenge the judgment of

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conviction in federal case no. 2:09-cr-00056-MMD-VCF. In order to challenge a federal

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criminal conviction, Christopherson must file a § 2255 motion to vacate, set aside or

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correct that sentence. A § 2255 motion is to be filed in the underlying federal criminal

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case itself. Christopherson apparently is aware that the proper course is a § 2255

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motion, because he has pursued such relief in the underlying federal criminal case.

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Accordingly, this action shall be dismissed for failure to state a claim for which relief

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may be granted.

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IT IS THEREFORE ORDERED that Christopherson’s petition (ECF No. 1) is
DISMISSED.
IT IS FURTHER ORDERED that the petitioner is denied a certificate of
appealability.
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and
close this case.

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DATED: July 31, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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