Phelps

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BREWSTER DENYVEOUS PHELPS, Case No. 22-cv-01729-JSC

Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS

v. 9 Re: Dkt. No. 23 GIGI MATTESON, et al., Respondent.

INTRODUCTION Petitioner Brewster Denyvous Phelps, a prisoner of the State of California proceeding without representation by an attorney, filed a petition for a writ of habeas corpus seeking relief from his state conviction. Respondent’s motion to dismiss the operative amended petition is now pending before the Court. Petitioner has filed an opposition, and Respondent has replied. For the reasons discussed below, the Court GRANTS the motion to dismiss. BACKGROUND In 2018, Petitioner was convicted in the Santa Clara County Superior Court of attempted murder, assault with a firearm, and assault by means likely to produce great bodily injury. (Dkt. No. 23 at 8.) Petitioner was sentenced to state prison for a term of 25 years to life…