Martin Barraz-Meza v. J.L. Sivley

24 F.3d 244 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Martin BARRAZ-MEZA, Petitioner-Appellant, v. J.L. SIVLEY, Respondent-Appellee. No. 92-15568. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 14, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Martin Barraz-Meza, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2241 habeas petition for lack of jurisdiction. We review de novo, Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.), cert. denied, 488 U.S. 982 (1988) and affirm. 3 Generally, a federal prisoner must file a motion pursuant to 28 U.S.C. Sec. 2255 if he is challenging his conviction or sentence. Id. A prisoner may not file a Sec. 2241 habeas petition unless the Sec. 2255 motion would be inadequate or ineffective to test the legality of his detention. Id.; 28 U.S.C. Sec. 2255 . Only the sentencing court has jurisdiction over motions filed pursuant to…