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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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DAVID J. CARPENTER,

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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.

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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.”
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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).
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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.
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IT IS SO ORDERED.

9 DATED: November 13, 2013

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For the Northern District of California

United States District Court

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MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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