Calderon

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Jerry Grant Frye, DEATH PENALTY CASE Petitioner, No. 2:99-cv-00628-KJM-CKD v. ORDER Warden of California State Prison at Stockton, Respondent. 16 Petitioner Jerry Frye seeks leave to amend his federal habeas corpus petition! in this 18 action to add a claim related to his previous attorney’s alleged conflict of interest. See generally Mot. Amend, ECF No. 705. Respondent argues the proposed amendment would be futile because 20 Frye has not presented his new claim to the state court. See generally Opp’n, ECF No. 727. Frye argues in response that as a matter of practical reality, California courts do not adjudicate post- 22 conviction challenges like the one he asks to add to his federal petition, and for that reason, 23 argues the proposed amendment need not be presented in the first instance and is therefore not 24 futile. See Mot. Amend at 12-14; Reply at…