Lanier

MEMORANDUM **

David W. Lanier, a federal prisoner, appeals pro se the district court’s order construing his habeas corpus petition, brought under 28 U.S.C. § 2241 , as a motion to vacate his sentence pursuant to 28 U.S.C. § 2255 , and ordering the case transferred to the United States District Court for the Western District of Tennessee. Relying upon Castro v. United States, 540 U.S. 375 , 124 S.Ct. 786 , 157 L.Ed.2d 778 (2003), Lanier contends that the district court erred in sua sponte recharacterizing his pro se petition as a § 2255 motion without notice and an opportunity to respond. Castro does not apply because this is not Lanier’s first § 2255 motion.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the *87 courts of this circuit except as provided by Ninth Circuit Rule 36-3.