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David Larry Nelson v. Donal Campbell

Court: Court of Appeals for the Eleventh Circuit
Date filed: 2004-07-20
Citations: 377 F.3d 1162
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                                                                    [PUBLISH]

               IN THE UNITED STATES COURT OF APPEALS

                       FOR THE ELEVENTH CIRCUIT
                        ________________________                    FILED
                                                          U.S. COURT OF APPEALS
                                                            ELEVENTH CIRCUIT
                                No. 03-15095                     July 20, 2004
                          ________________________           THOMAS K. KAHN
                                                                   CLERK
                      D. C. Docket No. 03-01008-CV-T-N

DAVID LARRY NELSON,

                                                              Plaintiff-Appellant,

                                     versus

DONAL CAMPBELL, in his individual
and official capacity as Commissioner of
the Alabama Department of Corrections,
GRANTT CULLIVER,

                                                           Defendants-Appellees.

                          ________________________

                   Appeal from the United States District Court
                       for the Middle District of Alabama
                        _________________________

                                (July 20, 2004)

  ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before ANDERSON, HULL and WILSON, Circuit Judges.

PER CURIAM:
      Nelson filed a complaint in the district court. The district court dismissed

the complaint for lack of jurisdiction. We affirmed. Nelson v. Campbell, 347

F.3d 910 (11th Cir. 2003). The Supreme Court granted certiorari, 540 U.S. 1046,

124 S.Ct. 835 (2003). Later, the Supreme Court reversed and remanded for further

proceedings consistent with its opinion. 541 U.S. ___, 124 S. Ct. 2117 (May 24,

2004).

      Accordingly, the judgment of the district court is reversed and the case is

remanded to the district court for proceedings consistent with the opinion of the

Supreme Court.

      REVERSED and REMANDED.




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