Hite

MEMORANDUM **

Jerad Hite (“Petitioner”) is currently serving an indeterminate prison term after being convicted of one count of assault with a deadly weapon in violation of section 245 of the California Penal Code. Petitioner appeals the district court’s denial of his petition for a federal writ of habeas corpus as untimely based on a finding that Petitioner failed to “diligently followf ] up” as required by Huizar v. Carey, 273 F.3d 1220, 1223 (9th Cir.2001). We have jurisdiction under 28 U.S.C. § 2253 .' We reverse the district court’s dismissal of the petition and remand with instructions to adjudicate the habeas petition on the merits.

Petitioner sent three pieces of mail to the California Supreme Court on January 16, 2004, and he alleges that these mailings constituted a state habeas petition. The California Supreme Court received these mailings and responded by letter on January 15, 2005, informing Petitioner that his habeas petition needed to be filed on Form MC-275 pursuant to California Rule of Court 8.380. Petitioner refiled his state habeas petition on the correct form ten days after receiving this letter. Thus, Petitioner diligently followed up with his state habeas…