Frye v. Warden, San Quentin State Prison

DEATH PENALTY CASE ORDER

Kimberly J. Mueller, UNITED STATES DISTRICT JUDGE

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…