Torres

*190 MEMORANDUM **

California state prisoner Jerry A. Torres appeals the district court’s dismissal as untimely of his 28 U.S.C. § 2254 habeas corpus petition, challenging his jury-trial conviction and sentence for child molestation. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We vacate and remand.

Torres contends that he is entitled to tolling for the entire time his first timely-filed mixed federal habeas petition was pending in the district court.

At the time the district court dismissed Torres’ first federal petition, the court did not have the benefit of our decisions in Ford v. Hubbard, 330 F.3d 1086, 1100 (9th Cir.2003) (as amended) (allowing a second petition to relate back to the first petition after concluding that the district court erred when it failed to inform a pro se petitioner that, on the face of his first petition, he would be time-barred upon returning to federal court with newly-exhausted claims); Guillory v. Roe, 329 F.3d 1015, 1018 (9th Cir.2003) (noting that petitioner must demonstrate diligence in exhausting claims, and stating that “the relevant measure of diligence is how quickly a petitioner sought to exhaust the claims dismissed as…