IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 5, 2008
JERRY GRANT FRYE, PETITIONER,
ROBERT L. AYERS, JR., WARDEN OF SAN QUENTIN STATE PRISON, RESPONDENT.
DEATH PENALTY CASE
On July 17, 2008 respondent filed a "Notice Re: Scheduling of Out of State Depositions [FRCP 30] and Transmittal of any Outstanding Discovery." Therein, respondent requests petitioner provide discovery of interview tapes or notes regarding the witnesses to be deposed in Indiana. All discovery, including any motions to compel, were to be completed by June 30. See Apr. 2, 2008 Order at 7. Because respondent has made neither a request for relief from the discovery deadline, nor a proper request for discovery under Rule 6, Rules Governing § 2254 Cases, or brought a motion to compel, respondent's July 17 request for discovery is disregarded.
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