Carpenter v. Brown, et al

Filing 177

ORDER GRANTING 176 LEAVE TO FILE A MOTION FOR RECONSIDERATION. Signed by Judge Maxine M. Chesney on June 29, 2015.(mmcsec, COURT STAFF) (Filed on 6/29/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID J. CARPENTER,

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For the Northern District of California

United States District Court

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Petitioner,

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NO. C 00-3706 MMC
ORDER GRANTING LEAVE TO
FILE A MOTION FOR
RECONSIDERATION

v.
RON DAVIS, Acting Warden of
California State Prison at San Quentin,

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DEATH PENALTY CASE
Respondent.

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Pursuant to Civil Local Rule 7-9(a), petitioner has moved for leave to file a motion for

19 reconsideration of this Court’s order of May 8, 2015, by which the Court dismissed various claims
20 due to procedural default. In support of his motion, petitioner relies on Civil Local Rule 7-9(b)(2),
21 which requires the moving party to demonstrate that “a change of law occurring after the time of [the
22 challenged] order” compels reconsideration of an earlier decision. See Civil L.R. 7-9(b)(2).
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Petitioner has made the necessary showing under Civil Local Rule 7-9. As petitioner

24 correctly points out, this Court relied upon Walker v. Martin, 131 S.Ct 1120 (2011) and various
25 district court cases to support its holding that California’s Dixon bar was adequate to foreclose
26 federal review of certain claims. More recently, however, the Ninth Circuit concluded that Martin
27 does not establish the adequacy of Dixon. See Lee v. Jacquez, 2015 WL 3559125 (9th Cir., June 9,
28 2015).

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Accordingly, and for good cause shown, petitioner’s motion for leave to file a motion for

2 reconsideration is GRANTED. Within thirty days of the date of this order, the parties shall meet and
3 confer, and set a briefing schedule for any motion for reconsideration.
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IT IS SO ORDERED.

5 DATED: June 29, 2015
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MAXINE M. CHESNEY
United States District Judge

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For the Northern District of California

United States District Court

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