Alomari

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROQUE LARIOS, JR., No. 1:24-cv-00302-KES-SKO (HC) Petitioner, ORDER DENYING RESPONDENT’S

MOTION TO DISMISS AND DECLINING

TO ADOPT FINDINGS AND

RECOMMENDATIONS

v. Docs. 17, 20

16 ISMAEL ALOMARI, Warden, 17 Respondent.

20 I. Background Petitioner Roque Larios, Jr., is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition asserts that his federal due process rights were violated during the trial at which he was convicted because the prosecution played a recording for the jury that contained a statement which the trial court had ruled was inadmissible and that should have been redacted. Doc. 1 at 5, 9–10. The petition was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 23, 2024, respondent Ismael Alomari, warden of California State Prison - Solano, filed a…