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Frye v. Ayers

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 16, 2008

JERRY GRANT FRYE, PETITIONER,
v.
ROBERT L. AYERS, JR., WARDEN OF SAN QUENTIN STATE PRISON, RESPONDENT.

DEATH PENALTY CASE

ORDER

The parties have filed a joint statement regarding a briefing schedule for the merits of claims 42 and 44. The proposed schedule is contingent upon the finality of all transcripts and testimony. While it appears that the testimony of Professor Garnett is final, the parties shall inform the court if there are unanticipated delays in receipt of any transcripts.

Based on the parties' August 25, 2008 joint statement, and good cause appearing, IT IS HEREBY ORDERED as follows:

1. Petitioner's initial brief on the merits of claims 42 and 44 shall be filed by October 17, 2008;

2. Respondent's responsive brief shall be filed by October 31, 2008;

3. Petitioner's reply brief shall be filed by December 19, 2008; and

4. After receiving all the briefs, the court will schedule oral argument if necessary.

20080916

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