Calderon

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Jerry Grant Frye, No. 2:99-cv-0628 KJM CKD Petitioner, ORDER v. Warden, San Quentin Prison, 1S Respondent. 16 In 2006, the undersigned—then acting as the assigned magistrate judge on the case—ruled 18 ten of petitioner Jerry Grant Frye’s 45 claims for relief warranted an evidentiary hearing (claims 2,3, 4,5, 7, 25, 28, 29, 42, 44). In 2008, the undersigned then held an evidentiary hearing on 20 claims 42 and 44. Two years later, Frye moved for an evidentiary hearing on claim 37. While the court’s resolution of the merits of claims 42 and 44 and the motion for evidentiary hearing on 22 claim 37 were pending, the Supreme Court decided Cullen v. Pinholster, 563 U.S. 170 (2011). 23 Pinholster potentially upended the court’s 2006 grant of an evidentiary hearing, as it limited the 24 scope of federal habeas review under 28 U.S.C. § 2254(d)(1) in the first instance to the record 25 before the…