Sullivan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AURELIO SANCHEZ AVILES, No. 1:19-cv-01389-DAD-HBK (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS DISMISSING

WARDEN J. SULLIVAN, PETITION, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

Respondent. (Doc. No. 15)

17 Petitioner Aurelio Sanchez Aviles is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. In his pending petition seeking federal habeas relief, petitioner claims that the California Board of Parole Hearing granted him early release under the Elderly Parole Program, California Penal Code § 3055, but he remains incarcerated even though his release date of July 19, 2019 has now passed. (Doc. No. 1 at 6.) On February 7, 2020, the assigned magistrate judge issued an order to show cause…