Calderon

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Jerry Grant Frye, No. 2:99-cv-00628-KJM-CKD 12 Petitioner, ORDER 13 v. 14 Warden, San Quentin Prison, et al., 1S Respondents. 16 17 Petitioner Jerry Grant Frye moves the court to set aside the judgment against him, dismiss 18 | the case and order his immediate release from prison based upon what he perceives to be undue 19 | delay in the resolution of his petition for habeas corpus. For the reasons that follow, Frye’s 20 | motion is denied. 21 | I. BACKGROUND 22 In 1988, a jury convicted Frye of two counts of first-degree murder for killing Robert Lee 23 | Brandt and Lucille Jane Brandt. The jury also convicted him of first-degree robbery, residential 24 | burglary, and the unlawful driving and taking of a vehicle. See Reporter’s Transcript of 25 | Proceedings on Trial (R.T.) (May 9, 1988) at 9371-9379. Additionally, the jury found special 26 | allegations pertaining to both murders to be true: Frye was armed…