Merlak

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODOLFO HERNANDEZ, Case No. 1:19-cv-01172-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

FOR WRIT OF HABEAS CORPUS SHOULD

v. NOT BE DISMISSED SUMMARILY STEVEN MERLAK, ECF No. 1 Respondent. RESPONSE DUE IN 14 DAYS ORDER DENYING PETITIONER’S MOTION

FOR EMERGENCY HEARING AS MOOT

17 ECF No. 5 18 Petitioner Rodolfo Hernandez, a federal prisoner without counsel, petitioned for a writ of habeas corpus under 28 U.S.C. § 2241 on August 29, 2019. ECF No. 1. On November 4, 2019, petitioner filed a motion requesting an emergency hearing. ECF No. 5. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases, which the court may apply in all habeas proceedings. See Rules Governing Section 2254 Cases, Rule 1(b); cf. 28 U.S.C. § 2243. Under Rule 4, the court must examine the habeas corpus petition and order a response…