David Larry Nelson v. Donal Campbell

[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. 2