[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
____________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 06-11841 JAN 07 2008
____________________________ THOMAS K. KAHN
CLERK
DANIEL SIEBERT,
Petitioner-Appellant,
versus
RICHARD F. ALLEN, Commissioner,
Alabama Department of Corrections,
Respondent-Appellee.
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Appeal from the United States District Court for the
Northern District of Alabama
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Before TJOFLAT, BARKETT and WILSON, Circuit Judges.
O R D E R:
Based upon our review of Petitioner-Appellant’s Motion for Clarification filed
January 4, 2008, and given that jurisdiction over this case remains with the United States
Supreme Court until rehearing is resolved and their final judgment issues, we vacate this
Court’s December 21, 2007 opinion on remand from the Supreme Court of the United
States.