Carpio

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID ALEXANDER CARPIO, Case No.: 3:22-cv-1037-JES-BLM

Petitioner,

ORDER: (1) GRANTING

v. RESPONDENT’S MOTION TO

DISMISS AND

JAMES HILL, Warden, (2) DENYING CERTIFICATE OF

APPEALABILITY

Respondent.

ECF No. 9

I. INTRODUCTION On July 14, 2022, Petitioner David Alexander Carpio (“Petitioner” or “Carpio”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his conviction in San Diego County Superior Court after

pleading guilty to three counts of sexual molestation of a minor over fourteen years old and one count of sexual battery. ECF No. 1 at 17. On October 27, 2022, Respondent filed a Motion to Dismiss. ECF No. 9. Despite two extensions of time, Petitioner failed to file an opposition to the motion. The Court has reviewed the Petition,…