Douglas

ORDER and MEMORANDUM **

Gordon Douglas moves to vacate our prior decision holding several of his habeas claims procedurally defaulted under California law. 1 See Douglas v. Cambra, 40 Fed.Appx. 356 (9th Cir.2002). In our prior decision, we relied on Bennett v. Mueller, 273 F.3d 895, 899-901 (9th Cir. 2002), to affirm the district court’s procedural default finding. We have subsequently withdrawn and substantially amended the Bennett decision. Bennett v. Mueller, 322 F.3d 573 (9th Cir.2003). Although the Magistrate Judge who issued *597 findings and recommendations on Douglas’ petition correctly anticipated much of our reasoning in the amended version of Bennett, we conclude that Douglas did not have sufficient notice or opportunity to prepare arguments regarding the adequacy of state procedural rules under the “new standard” described in that opinion. See id. at 586 (“Because neither the district court nor the parties could have anticipated this new standard, we remand for a fresh determination of the adequacy of the state ground in accordance with the rule we adopt today.”) (emphasis added).

We therefore vacate our prior decision decided March 11, 2002 insofar as it concerns…