Rhoades v. Arave

Filing 350

USCA ORDER-Submission of this case is deferred as to penalty phase issues pending the decision by the Idaho Supreme Cout in Rhoades, et al, v Idaho, No. 35187. The parties are requested to file a notice memorandum with the Clerk of this Court as soon as a decision has been rendered in the Rhoades case. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)

Case: 07-99023

03/08/2010

Page: 1 of 1

ID: 7255571

DktEntry: 69

U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FILED
MAR 08 2010
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

P A U L EZRA RHOADES,

) ) P e titio n e r - A p p e lla n t, ) ) v. ) ) JE F F HENRY, of the IMSI, ) D ep artm en t of Corrections State of ) * Id ah o , ) ) R e s p o n d e n t - A p p e lle e . ) _______________________________)

N o . 07-99023 D .C . No. CV-93-00156-S-EJL D istrict of Idaho, B o is e ORDER

B efo re: RYMER, GOULD and BYBEE, Circuit Judges.

S u b m issio n of this case is deferred as to penalty phase issues pending the d ecisio n by the Idaho Supreme Court in Rhoades, et al., v. Idaho, No. 35187. The p a r tie s are requested to file a notice memorandum with the Clerk of this Court as s o o n as a decision has been rendered in the Rhoades case.

Jeff Henry is substituted for his predecessor, Arvon J. Arave, Department o f Corrections State of Idaho. Fed. R. App. P. 43(c)(2).

*