(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-TLN-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 are Petitioner’s motions for leave to proceed in forma pauperis, ECF Nos. 7, 13, 14. Petitioner has not submitted an affidavit required by 28 U.S.C. § 1915(a) showing that Petitioner is unable to prepay fees and costs or give security therefor. To the contrary, the affidavits submitted by Petitioner indicate that Petitioner is employed and earns $1,385.00 per month in gross wages. See e.g. ECF No. 7, pg. 1. It thus appears that Petitioner is able to pre-pay the $5.00 filing fee for this habeas action. / / / / / / / / / / / / Based on the foregoing, the undersigned recommends that Petitioner’s motions, Nos. 7, 13, 14,…