Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP R. HERNANDEZ, No. 2:19-cv-2414 KJM DB P Petitioner, v. ORDER JOSIE GASTELO, Warden, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Previously, the Court issued findings and recommendations to dismiss this action as untimely. (ECF No. 7.) Upon review of petitioner’s objections (ECF No. 9) and good cause appearing, the Court will vacate the findings and recommendations. See Bowen v. Roe, 188 F.3d 1157, 1158-59 (9th Cir. 1999). Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner’s habeas petition. In accordance with the above, IT IS HEREBY ORDERED that: 1. The January 29, 2020, findings and recommendations (ECF No. 7) are VACATED; 2. Petitioner’s December 2, 2019, motion for…