Bisel v. Fisher et al

Filing 21

ORDER DENYING Petitioner's 19 Motion for Leave to Accept Habeas Corpus Petition, signed by Magistrate Judge Sheila K. Oberto on 04/25/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY EUGENE BISEL,

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No. 1:17-cv-00013-SKO HC

Petitioner,
v.
RAY FISHER, Jr., Warden & SCOTT
KERNAN, Secretary, California
Department of Corrections and
Rehabilitations,

ORDER DENYING PETITIONER’S
MOTION FOR LEAVE TO ACCEPT
HABEAS CORPUS PETITION
(Doc. 19)

Respondents.

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Petitioner, Gregory Eugene Bisel, is a state prisoner proceeding pro se with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 23, 2018, Petitioner submitted a

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motion entitled “Motion for Leave to Accept Habeas Corpus Petition, or Grant Enlargement of

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Time; Permission to Exceed Page Limit.” (Doc. 19). Petitioner asks the Court to allow him to

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supplement his petition, because he unintentionally filed an incomplete petition.

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On January 30, 2017, the Court granted Petitioner’s motion for stay and abeyance

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pursuant to Rhines v. Weber, 544 U.S. 269, 275 (1995), to permit exhaustion of five unexhausted
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claims in state court. In the order granting the stay, the Court directed Petitioner to file a motion
to lift the stay and an amended habeas petition setting forth all claims once his unexhausted
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claims are resolved in state court.

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Because Petitioner will file an amended petition and the Court will screen that petition
once the stay is lifted, the Court will DENY Petitioner’s motion to supplement his petition at this

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time. Petitioner can file a complete amended petition, with all claims he would like the Court to
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review, once his state court claims are resolved.

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IT IS SO ORDERED.
Dated:

April 25, 2018

/s/

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Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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