(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-DC-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. EL DORADO PRISON HOLDING

FACILITY SOUTH LAKE TAHOE,

15 Respondent.

17 Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. On August 9, 2024, the Court dismissed Petitioner’s petition and directed Petitioner to file a first amended petition within 30 days. Petitioner was warned that failure to file an amended petition may result in dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 110. To date, Petitioner has not complied. The Court must weigh five factors before imposing the harsh sanction of dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's interest in expeditious resolution…