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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 DAVID J. CARPENTER, 11 For the Northern District of California United States District Court 10 Petitioner, 12 13 14 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, 15 DEATH PENALTY CASE Respondent. 16 17 18 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). 23 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). 1 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. 4 IT IS SO ORDERED. 5 DATED: June 29, 2015 6 MAXINE M. CHESNEY United States District Judge 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?