Gutierrez

I. INTRODUCTION

10 Petitioner, a state prisoner proceeding pro se, seeks a petition for a writ of habeas corpus 11 pursuant to 28 U.S.C. § 2254, challenging his state conviction. Respondent has moved to dismiss 12 the petition as successive under 28 U.S.C. § 2244(b). Dkt. 9. In response, Petitioner filed a 13 document entitled, “Motion for Summary Judgment/Default Fed. Rule 55, 56 Notice,” in which he 14 alleges Respondent “has failed to respond to [his] habeas [petition] . . . .” Dkt. 10 at 1. Thus, the 15 Court construes this document as a motion requesting the entry of default judgment against 16 Respondent. The Court notes that nowhere in this one-page document does Petitioner oppose the 17 pending motion to dismiss. See id. 18 For the reasons discussed below, the Court DENIES Petitioner’s motion requesting the 19 entry of default judgment and GRANTS Respondent’s motion to dismiss.

II. BACKGROUND

21 On May 24, 2011, a Napa County jury convicted Petitioner of kidnapping, false 22 imprisonment by violence, and dissuading a witness in Napa County Superior Court case numbers 23 CR155028 and CR156335. People v. Gutierrez, 2013 WL 287151, at *1 (Cal. Ct. App. Jan.…