(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,

FINDINGS AND RECOMMENDATIONS

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 the original petition. See ECF No. 40. Respondent argues that Petitioner’s petition fails to comply with Rule 2(e) of the Rules Governing Section 2254 Cases in the United States District Courts because it attempts to challenge two or more separate state court judgments in a single petition. See ECF No. 40, pg. 2. The Court agrees. As reflected in the petition, Petitioner is challenging two separate state court criminal convictions, one in case no. “P17CRF0192,” and another in case no. “P1CRM1103.” See ECF No. 1. Because a single habeas petition cannot be used to challenge separate state court 27 …