Frye v. Calderon, et al

Filing 462

ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/8/2009 DENYING 445 Motion for reimbursement of expenses. (Gaydosh, J)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 frye.exp mtn.or IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JERRY GRANT FRYE, Petitioner, vs. ROBERT L. AYERS, Jr., Warden of San Quentin State Prison, Respondent. / Respondent moves for reimbursement of expenses for cancellation of the deposition in lieu of live testimony of respondent's expert witness Dr. Reese Jones. Respondent has not provided the court with the legal basis for the imposition of sanctions in this situation and has not supported his request with any showing of the expenses actually incurred. Accordingly, and good cause appearing, IT IS HEREBY ORDERED that respondent's February 2009 Motion for Reimbursement of Expenses is denied. DATED: April 8, 2009. ORDER No. CIV S-99-0628 LKK KJM DEATH PENALTY CASE 1

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