Jones

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON ANTHONY VRH Case No. 1:20-cv-00581-JLT-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION

TO DENY RESPONDENT’S MOTION TO

v. DISMISS

ROSEMARY NDOH, Warden, 14-DAY DEADLINE

Respondent. (ECF No. 39)

Before the Court is Respondent’s Motion to Dismiss, filed on May 23, 2022. (ECF No. 39). Petitioner Aaron Anthony Vrh (Vrh), through counsel, filed an Opposition on June 13, 2022. (ECF No. 45). Respondent filed a reply on August 19, 2022. (ECF No. 48). For the reasons stated below, the undersigned recommends Respondent’s motion be denied and Respondent be required to file an answer addressing the substance of the Third Amended Petition (ECF No. 34). I. Procedural and Factual Background Petitioner filed a pro se Petition for Writ of Habeas Corpus (Petition) on April 24, 2022. (ECF No. 1). Petitioner filed a First Amended Petition (FAP) for Writ of Habeas Corpus on May 1, 2022. (ECF No. 8). On…