Aristeo Gallegos-Orozco, federal prisoner # 64676-079, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition with prejudice for lack of subject matter jurisdiction and without prejudice as to all other issues. Gallegos-Orozco is serving a 292-month sentence for conspiracy to possess with the intent to distribute more than 100 grams of methamphetamine. Gallegos-Orozco’s motion to file an out-of-time reply brief is GRANTED.

Gallegos-Orozco argues that the district court erred in finding that it lacked subject matter jurisdiction over his § 2241 petition and that the district court erred in failing to consider the merits of his § 2241 petition because he had alleged a fundamental defect in his criminal conviction and he made a claim of actual innocence. He argues that the district court could not construe his petition as a 28 U.S.C. § 2255 motion.

The district court’s dismissal for lack of jurisdiction is subject to de novo review. See Hager v. NationsBank N.A., 167 F.3d 245, 247 (5th Cir. 1999). Gallegos-Orozco is incarcerated in Kentucky. Accordingly, the Southern District of Texas was not Gallegos-Orozco’s custodial court, and the district court correctly concluded that it did not have subject matter jurisdiction to consider his § 2241 petition. See § 2241; United States v. Gabor, 905 F.2d 76, 78 (5th Cir. 1990). Further, the district court correctly concluded that it could not construe Gallegos-Orozco’s § 2241 petition as a § 2255 motion because such a motion would be successive, and Gallegos-Orozco had not obtained this court’s permission to file a successive § 2255 motion. See § 2255(h); 28 U.S.C. § 2244(b)(3)(A). The district court’s judgment is AFFIRMED.