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

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN MARK VAN DEN HEUVEL, No. 2:22-CV-0231-DAD-DMC-P Petitioner,

ORDER

v.

EL DORADO PRISON HOLDING

FACILITY SOUTH LAKE TAHOE,

15 Respondent.

17 Petitioner, a parolee proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s unopposed motion to dismiss Petitioner’s original petition. See ECF No. 40. Also before the Court are Petitioner’s first and second amended petitions. See ECF Nos. 43 and 45. The Federal Rules of Civil Procedure provide that a party may amend his or her pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is one to which a responsive pleading is required, within 21 days after service of the responsive pleading, see Fed. R. Civ. P. 15(a)(1)(A), or within 21 days after service of a motion under Rule 12(b), (e), or (f) of the rules, whichever time is earlier, see Fed. R. Civ. P. 15(a)(1)(B). In all other…