Falls

MEMORANDUM

Federal prisoner Eric Lamar Falls appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2241 ha-beas petition challenging the legality of his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Falls contends that 28 U.S.C. § 2255 is an inadequate or ineffective means for raising his claim, entitling him to pursue his claim under 28 U.S.C. § 2241 . The district court correctly determined that Falls failed to demonstrate that 28 U.S.C. § 2255 is “inadequate or ineffective” to test the legality of his detention. See Lorentsen v. Hood, 223 F.3d 950, 953 (9th Cir.2000) (stating general rule that the unavailability of a second or successive petition does not itself make section 2255 inadequate or ineffective). Further, Falls has failed to demonstrate “actual innocence.” See id. at 954 .

Accordingly, the district court properly dismissed Falls’ petition for lack of jurisdiction. See Moore v. Reno, 185 F.3d 1054, 1055 (9th Cir.1999) (per curiam) (rejecting the use of § 2241 as substitute for a dismissed § 2255 motion).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by…