Sullivan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AURELIO SANCHEZ AVILES, Case No. 1:19-cv-01389-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR FAILURE TO

v. EXHAUST CLAIMS J. SULLIVAN, OBJECTIONS DUE IN THIRTY DAYS Respondent. ECF No. 1 ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE

18 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, 2019. Id. However, he remains incarcerated. Id.1 24

1 We have reviewed the California Department of Corrections and Rehabilitation’s inmate locator 26 listing for the petitioner and take judicial notice of it per Rule…