Espenesa

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WILLIAM EPENESA, Case No.: 19cv2415 CAB (AGS)

Petitioner, 1) CONSTRUING PETITION FOR v. WRIT OF HABEAS CORPUS AS

MOTION TO VACATE, SET ASIDE

UNITED STATES OF AMERICA,

OR CORRECT SENTENCE UNDER

Respondent. 28 U.S.C. § 2255; and (2)

INFORMING PETITIONER OF

OPTIONS

17 On December 16, 2019, Petitioner, a prisoner currently incarcerated at the United States Penitentiary and Victorville, California and proceeding pro se, filed a Petition for a Writ of Habeas Corpus by a Person in State Custody in this Court pursuant to 28 U.S.C. § 2254. Petitioner alleges his counsel in case no. 17cv1583 BEN was ineffective. (Pet., ECF No. 1 at 5.) Although the current action was filed as a Petition for a Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254, because Petitioner is in federal custody pursuant to a federal criminal conviction, the Court will construe it as a Motion 26 …