Moore

MEMORANDUM **

California state prisoner Ronald Moore appeals from the district court’s dismissal of his 28 U.S.C. § 2254 petition for lack of jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), and we affirm.

We review de novo the district court’s denial of a 28 U.S.C. § 2254 habeas petition. See Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000).

Moore contends that the district court erred by dismissing his section 2254 petition without prejudice, prior to determining whether it should have been construed as either a 28 U.S.C. § 2241 petition, and transferred to the district of custody, or as a section 2255 motion, and transferred to the district of his conviction. This contention lacks merit because Moore essentially seeks to avoid the procedural bars applicable to section 2254 by challenging a career offender enhancement to his current federal sentence based in part on a 1990 state conviction he now contends is invalid.

Indeed, Moore may not avoid the limitations imposed upon the filing of what is essentially a section 2254 habeas petition by fashioning it as either a section 2255 motion, or a section 2241 petition. This is particularly true where, as here,…