Opinion
No. 07-0581-cv.
August 13, 2010.
On remand from the Supreme Court of the United States.
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment be VACATED and the cause be REMANDED to the United States District Court for the Eastern District of New York for further proceedings consistent with the opinion of the Supreme Court of the United States.
James M. Maloney, appearing pro se, Port Washington, N.Y.
Karen Hutson, Deputy County Attorney (Loma B. Goodman, County Attorney, on the brief), Nassau County District Attorney, Mineola, N.Y., for Defendant-Appellee Kathleen A. Rice.
Present: ROSEMARY S. POOLER and ROBERT A. KATZMANN, Circuit Judges.
The Honorable Sonia Sotomayor, originally a member of this panel, was elevated to the Supreme Court on August 8, 2009. The remaining two panel members, who are in agreement, have determined the matter. See 28 U.S.C. § 46(d); Second Circuit Internal Operating Procedure E(b); United States v. Desimone, 140 F.3d 457, 458-59 (2d Cir. 1998).
SUMMARY ORDER
After our decision in Maloney v. Cuomo, 554 F.3d 56 (2d Cir. 2009) (per curiam), plaintiff James M. Maloney petitioned the Supreme Court for a writ of certiorari. The Supreme Court granted the writ of certiorari, vacated the decision of this Court, and remanded the case for further consideration in light of McDonald v. Chicago, 561 U.S. ___, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010).
We now VACATE the judgment of the district court and REMAND for further proceedings consistent with the opinion of the Supreme Court.