Vasquez

MEMORANDUM **

California state prisoner Ricardo Vasquez appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his convictions for first degree murder, accessory to attempted murder and second degree robbery. As the parties are familiar with the facts of the case, we recount them only as necessary to support the court’s decisions. We vacate the district court’s order and remand for further proceedings.

I. TIMELINESS OF VASQUEZ’S FEDERAL HABEAS PETITION

A. Statutory Tolling

The district court determined that Vasquez was entitled to statutory tolling of the one-year limitations period under Dictado v. Ducharme, 244 F.3d 724 (9th Cir. *600 2001), for the time during which his final state habeas petition was pending before the California Supreme Court (March 9, 2003 — October 29, 2003). However, following the district court’s decision, and after Vasquez filed this appeal, the United States Supreme Court entered its decision in Pace v. DiGuglielmo, 544 U.S. 408 , 125 S.Ct. 1807 , 161 L.Ed.2d 669 (2005), which abrogated the holding of Dictado . By citing to In re Clark, 5 Cal.4th 750 , 21 Cal.Rptr.2d 509 , 855 P.2d 729 (1993), and In re…