Sullivan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AURELIO SANCHEZ AVILES, Case No. 1:19-cv-01389-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO EXHAUST CLAIMS J. SULLIVAN, ECF No. 1 Respondent. 16 Petitioner Aurelio Sanchez Aviles, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner claims that his due process rights are currently being violated by officials at his prison. See ECF No. 1 at 6. Petitioner states that he was granted elderly parole on April 10, 2019 and that his release date was set for July 19, 2010. Id. However, he remains incarcerated. Id.1 The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to a habeas corpus proceeding must examine the petition and order a response thereto unless it “plainly appears” that the petitioner is

1 We…