Carpenter v. Brown, et al

Filing 164

ORDER GRANTING 163 LEAVE TO FILE MOTION FOR RECONSIDERATION. Signed by Judge Maxine M. Chesney on November 13, 2013.(mmcsec, COURT STAFF) (Filed on 11/13/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 DAVID J. CARPENTER, 12 13 14 15 16 NO. C 00-3706 MMC Petitioner, ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION v. KEVIN CHAPPELL, Acting Warden of California State Prison at San Quentin, DEATH PENALTY CASE Respondent. 17 18 19 Pursuant to the Civil Local Rules of this district, respondent has moved for leave to 20 file a motion for reconsideration of this Court’s Order of March 3, 2005, denying in part 21 respondent’s motion to dismiss. In support of the instant motion, respondent cites to Civil 22 Local Rule 7-9(b)(2), which, as one of the grounds for reconsideration, requires the moving 23 party to demonstrate “a change of law occurring after the time of [the challenged] order.” 24 Respondent has made the necessary showing. As respondent correctly points out, this 25 Court, in its 2005 Order, relied on Bennett v. Mueller, 322 F. 3d 573 (9th Cir. 2003), and 26 Morales v. Calderon, 85 F. 3d 1387 (9th Cir. 1996), to support its holding that California’s 27 timeliness bar was not adequate to foreclose federal review of claims found to be untimely in 28 state court. More recently, however, the United States Supreme Court has held that 1 California’s timeliness bar is adequate, and thus may serve to procedurally bar claims in 2 federal court that were held untimely in state court. See Walker v. Martin, 131 S.Ct. 1120, 3 1126-1130 (2011). 4 Accordingly, and for good cause shown, respondent’s motion for leave to file a 5 motion for reconsideration is hereby GRANTED. Within ninety days of the date of this 6 Order, the parties shall meet and confer, and set a briefing schedule for any motion for 7 reconsideration. 8 IT IS SO ORDERED. 9 DATED: November 13, 2013 11 For the Northern District of California United States District Court 10 MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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