Bunn v. Lopez et al

Filing 42

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/28/16 ORDERING that within 30 days from the date of this order, petitioner shall file a supplemental brief addressing his claim that his sentence constitutes cruel and unusual punishment under the Eighth Amendment. Respondent may file a reply within 30 days after petitioners brief is filed. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD THOMAS BUNN, JR.,

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No. 2:11-cv-1373 MCE CKD P (TEMP)

Petitioner,

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v.

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RAUL LOPEZ,

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Respondent.

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Petitioner is a state prisoner proceeding through counsel with a petition for a writ of

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habeas corpus under 28 U.S.C. § 2254. One of petitioner’s habeas claims is that his sentence of

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life without parole plus 25 years-to-life constitutes cruel and unusual punishment under the

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Eighth Amendment in light of the fact that he was a juvenile when the crime was committed. On

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January 25, 2016, the United States Supreme Court held in Montgomery v. Louisiana, No. 14-

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280, 2016 WL 280758 (USSC Jan. 25, 2016) that its decision in Miller v. Alabama, ___ U.S. ___,

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132 S. Ct. 2455 (2012), prohibiting mandatory life sentences without parole for juvenile

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offenders, is retroactive on state collateral review. In addition, the California Supreme Court has

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recently issued an opinion addressing the interplay between its sentencing scheme for juveniles

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and the Eighth Amendment proscription against cruel and unusual punishment. See e.g., People

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v. Gutierrez, 58 Cal.4th 1354 (2014). In light of these recent decisions, and good cause

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appearing,
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IT IS ORDERED that:

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1. Within thirty days from the date of this order, petitioner shall file a supplemental brief

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addressing his claim that his sentence constitutes cruel and unusual punishment under the Eighth

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Amendment.

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2. Respondent may file a reply within thirty days after petitioner’s brief is filed.
Dated: January 28, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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