Jones

(HC) Vrh v. Jones

Good Law
United States District Court, Eastern District of CaliforniaJanuary 31, 20251:20-cv-00581California502 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AARON ANTHONY VRH Case No. 1:20-cv-00581 JLT CDB (HC)

12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DENY

13 v. RESPONDENT’S MOTION TO DISMISS

14 GENA JONES, Warden, (Doc. 50)

15 Respondent.

16 17 Aaron Anthony Vrh is a state prisoner proceeding on his Third Amended Petition (TAP) 18 for Writ of Habeas Corpus filed March 23, 2022. (Doc. 34.) Respondent filed a motion to 19 dismiss on May 23, 2022, asserting the TAP was untimely. (Doc. 39.) 20 On January 7, 2025, the assigned magistrate judge recommended denying Respondent’s 21 motion to dismiss because Petitioner was entitled to equitable tolling pursuant to Sossa v. Diaz, 22 729 F.3d 1225 (9th Cir. 2013), rendering the TAP timely filed. (Doc. 50.) The Court served the 23 Findings and Recommendations on Respondent and notified her that any objections were due 24 within 14 days. (Id. at 7.) On January 10, 2025, Respondent filed her objections. (Doc. 51.) 25 In her…

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