Gregory Andre Smith v. Danny Samuels

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 11 GREGORY ANDRE SMITH, ) No. CV 21-5651-DMG (PLA) ) Petitioner, ) ORDER DISMISSING SUCCESSIVE ) PETITION WITHOUT PREJUDICE v. ) ) DANNY SAMUELS, ) ) Respondent. ) ) 17 I. BACKGROUND On July 12, 2021, Gregory Andre Smith (“petitioner”) initiated this action by filing a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254 (the “Petition”). In 2003, petitioner was convicted by a Los Angeles County Superior Court jury of attempted robbery (Cal. Penal Code §§ 211, 664), robbery (Cal. Penal Code § 211), and possession of a firearm by a felon (Cal. Penal Code § 12021(a)(1)). (ECF No. 1 at 2). The Petition challenges petitioner’s 2003 conviction on the ground that he is actually innocent as to the robbery count. (Id. at 5, 8-13). In 2006, petitioner filed an…