MEMORANDUM ***

California state prisoner Ralphael Hernandez appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition as untimely. We have jurisdiction under 28 U.S.C. § 2253, and we vacate and remand.

Hernandez contends that he timely filed his habeas petition because he is entitled to statutory tolling. The Warden has filed a letter indicating that he does not oppose Hernandez’s requested relief of returning the matter to the district court. Having reviewed the record, we agree that Hernandez’s section 2254 habeas petition was timely. We vacate the judgment of the district court and remand for consideration of Hernandez’s claims on the merits.

VACATED and REMANDED.