Pizzuto v. Blades

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 15, 2014
• Docket: 12-99002
• Status: Published

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

GERALD ROSS PIZZUTO, JR., No. 12-99002 Petitioner-Appellant, D.C. No. v. 1:05-cv-00516- BLW RANDY BLADES, Warden, Idaho Maximum Security Institution, Respondent-Appellee. ORDER

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding

Argued June 26, 2013 Submitted July 15, 2014 Seattle, Washington

Filed July 15, 2014

Before: Raymond C. Fisher, Ronald M. Gould, and Johnnie B. Rawlinson, Circuit Judges.

Order 2 PIZZUTO V. BLADES

COUNSEL

Heather Williams, Federal Defender; Joseph Schlesinger and Joan M. Fisher (argued), Assistant Federal Defenders, Federal Defender for the Eastern District of California, Sacramento, California, for Petitioner-Appellant.

Lawrence G. Wasden, Attorney General of Idaho, Paul R. Panther, Deputy Attorney General, and L. LaMont Anderson (argued), Deputy Attorney General, Boise, Idaho, for Respondent-Appellee.

ORDER

This case is RESUBMITTED as of the date of this order.

In light of the Supreme Court’s opinion in Hall v. Florida, 134 S. Ct. 1986 (2014), the opinion filed on September 9, 2013 and reported at Pizzuto v. Blades, 729 F.3d 1211 (9th Cir. 2013), is WITHDRAWN.

The briefing schedule set in our orders of November 4, 2013 and June 10, 2014 is VACATED.

Petitioner-Appellant’s Petition for Rehearing and Petition for Rehearing En Banc is DENIED as moot.

We VACATE the order of the district court and REMAND the case to the district court for further proceedings consistent with Hall.