(HC) Van den Heuvel v. El Dorado Prison Holding Facility South Lake Tahoe ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MARK VAN DEN HEUVEL, No. 2:22-CV-0231-TLN-DMC-P 12 Petitioner, FINDINGS AND RECOMMENDATIONS 13 v. 14 EL DORADO PRISON HOLDING FACILITY SOUTH LAKE TAHOE, 15 Respondent. 16 17 18 Petitioner, a parolee proceeding pro se, brings this petition for a writ of habeas 19 corpus under 28 U.S.C. § 2254. Pending before the Court are Petitioner’s motions for leave to 20 proceed in forma pauperis, ECF Nos. 7, 13, 14. Petitioner has not submitted an affidavit required 21 by 28 U.S.C. § 1915(a) showing that Petitioner is unable to prepay fees and costs or give security 22 therefor. To the contrary, the affidavits submitted by Petitioner indicate that Petitioner is 23 employed and earns $1,385.00 per month in gross wages. See e.g. ECF No. 7, pg. 1. It thus 24 appears that Petitioner is able to pre-pay the $5.00 filing fee for this habeas action. 25 / / / 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that Petitioner’s motions, 2 | Nos. 7, 13, 14, for leave to proceed in forma pauperis be denied and that this action be 3 | dismissed without prejudice to re-filing upon prepayment of fees therefor. 4 These findings and recommendations are submitted to the United States District 5 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 6 | after being served with these findings and recommendations, any party may file written objections 7 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 8 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 9 | Yist, 951 F.2d 1153 (9th Cir. 1991). 10 11 | Dated: April 26, 2022 Ssvcqo_ 12 DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28