Frye v. Calderon, et al

Filing 707

ORDER signed by Chief District Judge Kimberly J. Mueller on 12/1/2021 ORDERING the parties are ORDERED to show cause within fourteen days why this action should not be referred now to a mandatory settlement conference before another judge of this court.(Reader, 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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No. 2:99-cv-00628-KJM-CKD
Petitioner,

ORDER

v.
Warden of San Quentin State Prison,
Respondent.

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Petitioner has filed a motion seeking, among other things, dismissal of this long-pending

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case and petitioner’s immediate release. See ECF No. 704; see also ECF No. 705 (motion to

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amend amended petition), 706 (motion to withdraw specified exhibits). In light of issues raised

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by the motion, the current landscape affecting capital habeas matters arising from California

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courts, and this court’s heavily impacted caseload impeding its ability to resolve the motion once

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fully briefed in a timely manner, the parties are ordered to show cause within fourteen days why

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this action should not be referred now to a mandatory settlement conference before another judge

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of this court. Cf. Order Denying without Prejudice Mot. Settlement Conf., Hill v. Broomfield,

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No. 94-641 (N.D. Cal. Oct. 12, 2021), ECF No. 460 (“This particular case has already been

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pending for decades, and it promises to drag on for many more years . . . . ,” burdening the public

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purse); Testimony of Chief Judge Kimberly J. Mueller to the U.S. House of Representatives

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Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet (Feb. 24,
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2021) (testifying regarding dearth of judicial resources in Eastern District of California: “My

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colleagues and I are unreservedly committed to fulfilling our oaths of office but the simple truth

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is that we cannot keep pace with the workload that arises from our district’s wide expanse. . . .

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Despite our best efforts over the last many years, our attempts to do our jobs properly are at a

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breaking point with justice delayed daily in tangible ways . . . .”).

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IT IS SO ORDERED.
DATED: December 1, 2021.

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