Pizzuto

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD ROSS PIZZUTO, JR.,  No. 97-99017 Petitioner-Appellant, D.C. No. v. CV-92-00241- ARVON J. ARAVE, Warden,  S-AAM Respondent-Appellee. District of Idaho, Boise

 ORDER

Filed December 28, 2005

Before: Betty B. Fletcher, Pamela Ann Rymer, and Ronald M. Gould, Circuit Judges.

Order; Concurrence by Judge B. Fletcher

ORDER

Petitioner’s motion to stay the mandate pending state court proceedings is DENIED.

B. FLETCHER, Circuit Judge, specially concurring:

I concur that petitioner’s motion to stay the mandate may be denied. I write separately to emphasize that this result is not mandated by Bell v. Thompson, 125 S.Ct. 2825 (2005), as respondent claims. In Bell, the Supreme Court scolded the Sixth Circuit for delay in issuing the mandate after denial of certiorari, but Bell is factually distinguishable from our case. In Bell, the Sixth Circuit issued an amended opinion some 16745 16746 PIZZUTO v. ARAVE seven months after the Supreme Court had denied certiorari. Id. at 2830. The amended…