Frye
Frye v. Warden, San Quentin State Prison
Opinion
Lead Opinion
Mueller, J.
DEATH PENALTY CASE ORDER
Petitioner Jerry Grant Frye, a state prisoner under sentence of death, seeks habeas corpus relief under 28 U.S.C. § 2254 . He challenges the assigned magistrate judge’s authority to sua sponte issue amended findings and recommendations (F&Rs). In a previous order, the court found the magistrate judge has that authority. Petitioner now seeks reconsideration of that order.
I. BACKGROUND
As summarized in this court’s previous order, in 1988, a jury found petitioner guilty of two counts of first degree murder, among other charges. Order Dec. 1, 2006, at 2-9, ECF No. 214, recons, denied, ECF No. 227. He was sentenced to death. Id. at 10 . The California Supreme Court affirmed his conviction in 1998, People v. Frye, 18 Cal.4th 894 , 77 Cal.Rptr.2d 25 , 959 P.2d 183 (1998), the U.S. Supreme Court denied his petition for a writ of certiorari, 526 U.S. 1023 , 119 S.Ct. 1262 , 143 L.Ed.2d 358 (1999), and his two state habeas petitions were denied in 1998 and 2001, Order Dec. 1, 2006, at 10. This action began in 1999.
The court granted petitioner’s motion for an evidentiary hearing in 2004. ECF *1037 Nos. 214, 227. 1 For about seven years the parties conducted…