[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

________________________ ELEVENTH CIRCUIT

AUG 10, 2010

JOHN LEY

No. 08-16162 CLERK

________________________

D. C. Docket No. 07-01823-CV-JSM-MAP EARNEST WHITFIELD,

Petitioner-Appellant,

versus SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA,

Respondents-Appellees.

________________________

Appeal from the United States District Court

for the Middle District of Florida

_________________________

(August 10, 2010)

ON REMAND FROM THE

SUPREME COURT OF THE UNTIED STATES Before DUBINA, Chief Judge, EDMONDSON and PRYOR, Circuit Judges. PER CURIAM:

This case is before us on remand from the Supreme Court. See Whitfield v. McNeil, _ _ _ S. Ct. _ _ _ _, 2010 WL 2471069. We denied Petitioner’s application for a Certificate of Appealability, relying on our decision in Holland v. Florida, 539 F.3d 1334 (11th Cir. 2008). Then, the Supreme Court reversed our judgment in Holland, and remanded that case for further consideration. Holland v. Florida, 130 S. Ct. 2549 (2010). We therefore remand this case to the district court for fact finding and further proceedings -- including, if it is necessary, an evidentiary hearing -- consistent with the Supreme Court’s opinion and judgment in Holland.

REMANDED.

2