Opinion
No. 09-13694 Non-Argument Calendar.
May 6, 2011.
Sherwin Perkins, Hardwick, GA, pro se.
David Allan Zisook, Attorney General's Office, Atlanta, GA, for Respondent-Appellee.
Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 08-02004-CV-TWT-1.
Before TJOFLAT and WILSON, Circuit Judges.
This order is being entered by a quorum pursuant to 28 U.S.C. Section 46(d) due to Judge Birch's retirement on August 29, 2010.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
The United States Supreme Court granted petitioner's petition for a writ of certiorari, vacated our judgment in Perkins v. Amnions, 366 Fed.Appx. 86 (11th Cir. 2010), and remanded the case "for further consideration in light of Holland v. Florida, 560 U.S. ___ [,130 S.Ct. 2549, 177 L.Ed.2d 130 (2010)]." Perkins v. Amnions, ___ U.S. ___, 131 S.Ct. 567, 178 L.Ed.2d 412 (2010). We therefore remand the case to the district court for fact finding and further proceedings including an evidentiary hearing, if it is necessary.
REMANDED.