Alan David Harris v. Wayne H. Seifert

87 F.3d 1319 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alan David HARRIS, Petitioner-Appellant, v. Wayne H. SEIFERT, Respondent-Appellee. No. 95-56268. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 18, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Alan David Harris, a federal prisoner, appeals pro se the district court's dismissal of his habeas corpus petition pursuant to 28 U.S.C. § 2241 . He contends the district court erred by construing his two double jeopardy claims as challenges to his conviction under 28 U.S.C. § 2255 , and dismissing these claims for lack of jurisdiction. Harris's contention lacks merit; he may challenge his conviction only in the United States District Court for the Eastern District of New York, where he was convicted and sentenced. See Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.) (§ 2255 motion filed in sentencing court generally is appropriate vehicle…