Brewer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 SAMUEL GRAY, Case No. 2:22-cv-01659-JDP (HC) Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS

v. ECF No. 9 DAVID BREWER, Respondent. 15 Petitioner Samuel Gray, a federal prisoner proceeding without counsel, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2244 challenging his lifetime conviction. ECF No. 1. His petition raises two claims: (1) that his conviction for Hobbs Act robbery is not a conviction for a violent felony within the meaning of 18 U.S.C. § 3559(c); and (2) that his prior convictions for robbery under Georgia law are invalid because the state statute is “indivisible.” ECF No. 1 at 3-6. Respondent has filed a motion to dismiss arguing that these claims cannot proceed in a section 2241 action and this case should be dismissed. I will grant it.1 Rule 4 of the Rules Governing Section 2254 Cases provides that a district court may dismiss a petition if it “plainly appears from the petition and…