                                                                             [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.

                              -------------------------------------
                    Appeal from the United States District Court for the
                               Northern District of Alabama
                              -------------------------------------


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.
