Frye v. Calderon, et al

Filing 674

ORDER signed by District Judge Kimberly J. Mueller on 4/19/16. Respondent is directed to provide a statement on its position, if any it has, on the authority of the assigned magistrate judge to issue amended F&Rs. This statement shall be filed within fourteen days. The court reserves the right to set a limited hearing on this question after respondent's statement is filed.(Mena-Sanchez, L)

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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,
v.

No. 2:99-cv-00628-KJM-CKD
DEATH PENALTY CASE
ORDER

WARDEN, San Quentin State Prison,
Respondent.

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Petitioner Jerry Grant Frye, a state prisoner under sentence of death, seeks habeas

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corpus relief under 28 U.S.C. § 2254. In a previous motion, he asked the court to reconsider the

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assigned magistrate judge’s decision to issue amended findings and recommendations (F&Rs).

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ECF No. 663. The magistrate judge issued amended F&Rs after petitioner and respondent both

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objected to the original F&Rs. The court granted petitioner’s previous motion in part and denied

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it in part. ECF No. 669. The motion was denied to the extent petitioner challenged the magistrate

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judge’s authority to sua sponte amend or withdraw F&Rs after objections are filed. Petitioner

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now seeks reconsideration of that portion of this court’s order. ECF No. 673. Respondent has

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not opposed the motion, and otherwise stands by its objections to the magistrate judge’s original,

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unamended F&Rs. ECF No. 672.

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Respondent is directed to provide a statement on its position, if any it has, on the

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authority of the assigned magistrate judge to issue amended F&Rs. This statement shall be filed

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within fourteen days. The court reserves the right to set a limited hearing on this question after

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respondent’s statement is filed.

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IT IS SO ORDERED.
DATED: April 19, 2016

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UNITED STATES DISTRICT JUDGE

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