Court of Appeals for the Ninth Circuit December 1, 1995, Nos. 93-16756, 94-15966 (Stivers v. Pierce)

NOONAN, Circuit Judge,

concurring:

I concur in the opinion and judgment of the court except that I do not believe it appropriate in Part II B1 for the court to speculate as to the existence of a genuine issue as to the appearance of bias and as to the facts Stivers might conceivably prove; I do not believe that Stivers has shown that Rodefer’s report was the result of any decision by the Board to