Alvarez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Crim. Case No. 3:90-cr-01320-BTM UNITED STATES OF AMERICA, Civ. Case No. 3:19-cv-02314-BTM

v. ORDER CONSTRUING MOTION

AS MOTION TO VACATE

RAMON ALVAREZ-RODRIGUEZ, CONVICTION UNDER 28 U.S.C. §

2255 AND DISMISSING Defendant.

SUCCESSIVE § 2255 MOTION

FOR LACK OF JURISDICTION

17 [Crim. Case, ECF Nos. 289, 291] 18 Before the Court are Defendant Ramon Alvarez-Rodriguez’s recent filings which seek to collaterally-attack his federal conviction for which he is currently incarcerated. (Crim. Case, ECF Nos. 289, 291.) Because the instant motions challenge the validity of his underlying conviction, the Court has construed the motions as motions to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. See Melton v. United States, 359 F.3d 855, 857 (7th Cir. 2004) (“Prisoners cannot avoid the [Antiterrorism and Effective Death Penalty Act of 1996’s] rules by inventive captioning. …