(HC)Nieto

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDDIE NIETO, Case No. 1:21-cv-01582-HBK Petitioner, ORDER REQUIRING RESPONSE TO

PETITION FOR WRIT OF HABEAS

v. CORPUS, SETTING BRIEFING SCHEDULE,

AND DIRECTING SERVICE OF

THERESA CISNEROS, DOCUMENTS Respondent. (Doc. No. 1) 16 Before the court is petitioner Eddie Nieto’s operative petition for writ of habeas corpus under 28 U.S.C. § 2254 transferred into this court on October 27, 2021. (Doc. No. 1). The Court has conducted a preliminary review of the petition. See R. Governing § 2254 Cases 4; 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). It is not clear from the face of the petition whether Petitioner is entitled to relief. 28 U.S.C. § 2243. Accordingly, it is…