Frye v. Calderon, et al

Filing 662

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/26/15 denying 661 Motion for Reconsideration to the extent petitioner requests withdrawal of the amended findings and recommendations. Petitioner's request for an extension of time is granted. Petitioner shall have 30 days from the filed date of this order to file any objections to the amended findings and recommendations. The limitations previously specified to those objections remain. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY GRANT FRYE,

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Petitioner,

No. 2:99-cv-0628 KJM CKD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

ORDER

Respondent.

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Petitioner moves for reconsideration of the January 22, 2015 amended findings and

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recommendations (ECF No. 658). Specifically, petitioner asks this court to: (1) withdraw the

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amended findings and recommendations, (2) clarify what was amended, and (3) extend the time

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for filing objections to the amended findings and recommendations. After considering

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petitioner’s motion, and good cause appearing, IT IS HEREBY ORDERED as follows:

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1. Petitioner’s motion for reconsideration (ECF No. 661) is DENIED to the extent
petitioner requests withdrawal of the amended findings and recommendations.
2. With respect to petitioner’s request for clarification, the undersigned recognizes that

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the page number references are incorrect and apologizes for any inconvenience this

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has caused. However, because each amended section was identified, the parties

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should be able to determine what has been amended. Petitioner’s statement that he is

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unable to determine what amendments were made to section IV.A.3.b. is puzzling. A
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quick comparison of the original section and the amended section make the

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amendments readily clear; they appear at pages 61-62 of the amended findings and

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recommendations.

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3. Petitioner’s request for an extension of time is GRANTED. Petitioner shall have

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thirty days from the filed date of this order to file any objections to the amended

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findings and recommendations. The limitations previously specified to those

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objections remain.

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Dated: February 26, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Frye am fr obj.or

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