Eugene Cavicchi v. Homeland Security Sec. , 205 F. App'x 774 ( 2006 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
NOVEMBER 13, 2006
No. 05-11065 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 03-21764-CV-JEM
EUGENE CAVICCHI,
Plaintiff-Appellant,
versus
HOMELAND SECURITY SECRETARY,
Michael Chertoff, and the United States Department
of Homeland Security by and through the
Bureau of Customs and Border Protection,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(November 13, 2006)
ON REMAND FROM THE UNITED
STATES SUPREME COURT
Before TJOFLAT, ANDERSON and DUBINA, Circuit Judges.
PER CURIAM:
The Supreme Court vacated the judgment of this court in this case and
remanded the case to this court for further consideration in light of Burlington
Northern & Santa Fe Rilway Co. v. White, 548 U.S. __(2006). Upon
reconsideration, we vacate the judgment of the district court pertaining to
Cavicchi’s August 2002 Internal Affairs interview and remand to the district court
for reconsideration in the light of Burlington.
AFFIRMED in PART, VACATED in PART, and REMANDED.1
1
Appellant’s motion to transfer this case to the panel that decided Cavicchi I is denied.
2