Carpenter v. Brown, et al

Filing 190

ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION. Within ninety days of the date of this Order, the parties shall meet and confer, and set a briefing schedule for any motion for reconsideration. Signed by Judge Maxine M. Chesney on 6/27/16. (mmcalc, COURT STAFF) (Filed on 6/27/2016)

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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,
Petitioner,

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ORDER GRANTING LEAVE TO FILE
MOTION FOR RECONSIDERATION

v.

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RON DAVIS, Warden of California State
Prison at San Quentin,

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United States District Court
Northern District of California

Case No. 00-cv-03706-MMC

Respondent.

Re: Dkt. No. 189
DEATH PENALTY CASE

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Pursuant to Civil Local Rule 7-9(a), respondent has moved for leave to file a
motion for reconsideration of this Court’s Order of December 11, 2015. In support of his
motion, respondent relies on Civil Local Rule 7-9(b), which, inter alia, allows a party to
demonstrate that “a change of law occurring after the time of [the challenged] order”
compels reconsideration of an earlier decision. See Civil L.R. 7-9(b)(2).
Respondent has made the necessary showing under Civil Local Rule 7-9. As
respondent correctly points out, this Court, in the above-referenced Order, relied upon
Lee v. Jacquez, 788 F.3d 1124 (9th Cir. 2015), to support its holding that California’s
Dixon bar was not adequate to foreclose federal review of claims found to be
procedurally defaulted in state court. See In re Dixon, 41 Cal. 2d 756 (1953). More
recently, however, the United States Supreme Court held that California’s Dixon bar is
adequate, and thus may serve to procedurally bar claims in federal court that were
defaulted under Dixon in state court. Johnson v. Lee, 136 S.Ct. 1802 (2016) (per
curiam).
Accordingly, and for good cause shown, respondent’s motion for leave to file a

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motion for reconsideration is GRANTED. Within ninety days of the date of this Order, the

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parties shall meet and confer, and set a briefing schedule for any motion for

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reconsideration.

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IT IS SO ORDERED.

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Dated: June 27, 2016
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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