ORDER

JAMES S. MOODY, Jr., District Judge.

THIS CAUSE is on limited remand from the Eleventh Circuit Court of Appeals for this Court to make a determination whether a certificate of appealability is appropriate for any of the issues that Petitioner seeks to raise on appeal (see Dkt. 25).

BACKGROUND

On February 25, 2013, Petitioner filed a petition for the writ of habeas corpus challenging his 2006 conviction for first-degree murder and life sentence (Dkt. 1). After Respondent filed a response to the petition, and Petitioner filed a reply thereto, the Court denied the petition on August 6, 2013 (Dkt. 17).

On September 3, 2013, Petitioner filed a Motion to Alter or Amend a Judgment pursuant to Rule 59(e), Fed.R.Civ.P. (Dkt. 19), which the Court denied on September 10, 2013 (Dkt. 21). Petitioner appealed, and the Eleventh Circuit remanded for the limited purpose of granting or denying a certificate of appealability with respect to the denial of his Rule 59(e) motion (Dkt. 25).

DISCUSSION

Upon review of Petitioner's habeas petition and the Order denying the petition, it is apparent that this Court failed to address Ground One of the petition. Therefore, in light of the holding in Clisby v. Jones,1 this Court is inclined to vacate its Order denying Petitioner's Rule 59(e) motion and grant Petitioner's request that this matter be reopened.

However, if Petitioner desires a favorable ruling from this Court, he must notify the Eleventh Circuit Court of Appeals that he wishes to have a full remand of his case so as to confer jurisdiction on this Court. See Mahone v. Ray, 326 F.3d 1176, 1180 (11th Cir. 2003); Lairsey v. Advance Abrasives Co., 542 F.2d 928, 932 (5th Cir. 1976).2

ACCORDINGLY, the Court ORDERS that if Petitioner wants to seek relief from this Court from the Order denying his Rule 59(e) motion, he shall, within FIFTEEN (15) DAYS from the date of this Order, file a motion with the Eleventh Circuit Court of Appeals to remand his case.