Gerald Pizzuto, Jr. v. Randy Blade

Filing

Filed Order for PUBLICATION (RAYMOND C. FISHER, RONALD M. GOULD and JOHNNIE B. RAWLINSON) 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(2014), the opinion filed on September 9, 2013 and reported at Pizzuto v. Blades, 729 F.3d 1211 (9th Cir. 2013), is WITHDRAWN.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. [9170287]

Case: 12-99002

07/15/2014

ID: 9170287

DktEntry: 76

Page: 1 of 3

FILED
FOR PUBLICATION
UNITED STATES COURT OF APPEALS

JUL 15 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD ROSS PIZZUTO, Jr.,
Petitioner - Appellant,

No. 12-99002
D.C. No. 1:05-cv-00516-BLW
District of Idaho, Boise

v.
RANDY BLADES, Warden, Idaho
Maximum Security Institution,

ORDER

Respondent - Appellee.

Before: FISHER, GOULD, and RAWLINSON, Circuit Judges.
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729 F.3d 1211 (9th Cir. 2013), is WITHDRAWN.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.

Case: 12-99002

07/15/2014

ID: 9170287

DktEntry: 76

Page: 2 of 3

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

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Case: 12-99002

07/15/2014

ID: 9170287

DktEntry: 76

Page: 3 of 3

COUNSEL
Heather Williams, Federal Defender; Joseph Schlesinger, Assistant Federal
Defender; Joan M. Fisher (argued), Assistant Federal Defender, Federal Defender
for the Eastern District of California, Sacramento, California, for PetitionerAppellant.
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.

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