Arias

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAFAEL VILLALOBOS HERNANDEZ, No. 1:25-cv-00812-KES-SKO (HC) 12 Petitioner, ORDER VACATING FINDINGS AND

RECOMMENDATION

13 v. FINDINGS AND RECOMMENDATION 14 TO DENY RESPONDENT’S MOTION TO

DISMISS PREMATURE PETITION

15 ROBERTO A. ARIAS, [TWENTY-ONE DAY OBJECTION 16 Respondent. DEADLINE] 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. He filed the instant petition challenging his conviction on June 9, 20 2025. On September 5, 2025, Respondent filed a motion to dismiss the petition as premature. 21 (Doc. 16.) Petitioner did not file an opposition.1 On October 7, 2025, the Court issued Findings 22 and Recommendation to grant the motion to dismiss. (Doc. 17.) The parties were granted twenty- 23 one (21) days to file objections. On November 19, 2025, Petitioner filed objections. (Doc. 18.) 24 Having considered the objections, the Court will vacate the…