Bisel v. Fisher et al

Filing 32

ORDER GRANTING 28 Petitioner's Motion to Lift Stay; ORDER GRANTING 29 Petitioner's Motion for Leave to Exceed Page Limit; and ORDER Directing Clerk of Court to File Amended Petition (Doc. 30 ) signed by Magistrate Judge Sheila K. Oberto on 9/19/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY EUGENE BISEL,

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Petitioner,

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v.

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RAY FISHER, JR., Warden, et al.,
Respondents.

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No. 1:17-cv-00013-SKO (HC)
ORDER GRANTING PETITIONER’S
MOTION TO LIFT STAY
[Doc. 28]
ORDER GRANTING PETITIONER’S
MOTION FOR LEAVE TO EXCEED
PAGE LIMIT
[Doc. 29]
ORDER DIRECTING CLERK OF COURT
TO FILE AMENDED PETITION
[Doc. 30]

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Petitioner, Gregory Bisel, is a state prisoner proceeding pro se and in forma pauperis with

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a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 30, 2017, the Court

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granted Petitioner’s motion for stay and abeyance of federal proceedings while he returned to

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state court to exhaust his state remedies. (Doc. 13.) The case has been stayed and held in

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abeyance since that time.

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On July 16, 2019, Petitioner filed a motion to lift the stay and abeyance. (Doc. 28.)

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Petitioner states he has fully exhausted his state remedies with respect to the claims he seeks to

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raise. In support, Petitioner attaches a copy of an order from the California Supreme Court

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denying a petition for writ of habeas corpus on June 12, 2019. (Doc. 29 at 5.) Because it appears

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that Petitioner has exhausted his state remedies, the Court will lift the stay.
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On July 16, 2019, Petitioner also lodged an amended petition and filed a motion to exceed

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page limits. (Docs. 29, 30.) Petitioner states he was unable to obtain a typewriter to type his

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amended petition; therefore, he handwrote the petition which required additional pages. He also

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states he is taking psychotropic medications which cause trembling arms and hands, which in turn

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cause his handwriting to be sloppy and space-consuming. Good cause having been presented,

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and good cause appearing therefor, his motion to extend page limitations will be granted and the

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amended petition will be filed.

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ORDER

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Based on the foregoing, IT IS HEREBY ORDERED:

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1) Petitioner’s motion to lift the stay (Doc. 28) is GRANTED;

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2) Petitioner’s motion to extend page limits (Doc. 29) is GRANTED; and

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3) The Clerk of Court is DIRECTED to FILE the lodged amended petition (Doc. 30) as
Petitioner’s First Amended Petition.

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IT IS SO ORDERED.
Dated:

September 19, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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