Blodgett v. Campbell, 508 U.S. 1301, 3 (1993)

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Cite as: 508 U. S. 1301 (1993)

Opinion in Chambers

remand order may not be egregious, it is symptomatic of this court's handling of this case. . . . Absent any indication by this court that the district court erred—by holding that Campbell was [wrongfully] denied a hearing on this issue altogether or that the hearing given was somehow inadequate as a matter of law—I can see no basis to remand for a new evidentiary hearing." Campbell v. Blodgett, No. 89-35210 (May 7, 1993), pp. 2-3.

Frustrated with the slow rate of progress and the additional delay occasioned by the en banc court's April 28 remand order, Blodgett has submitted an application that asks me to vacate that order. Although I am concerned about the glacial progress in this case, I have grave doubts about my authority to offer such relief by way of application. After all, most applications seek temporary relief, such as a stay of judgment, vacation of a stay, or a temporary injunction, and only where necessary or appropriate in aid of this Court's jurisdiction. See, e. g., Drummond v. Acree, 409 U. S. 1228 (1972) (Powell, J., in chambers) (application for stay); O'Brien v. Skinner, 409 U. S. 1240 (1972) (Marshall, J., in chambers) (application for stay); see also Coleman v. Paccar Inc., 424 U. S. 1301 (1976) (Rehnquist, J., in chambers) (application to vacate lower court stay); American Trucking Assns., Inc. v. Gray, 483 U. S. 1306 (1987) (Blackmun, J., in chambers) (application for injunction requiring that funds be escrowed pending outcome of case). Applicant, however, does not seek interim relief. Nor has he filed with this Court a petition for either a writ of certiorari or an extraordinary writ. Rather, he requests that I act alone to vacate the remand order of the en banc court, thereby barring the case's return to district court and prohibiting the taking of more evidence. I have not located a single published order in which a Circuit Justice has vacated or reversed a court of appeals' order, other than an order providing interim relief; indeed, it appears that such an action would exceed my authority, which is limited to providing or vacating stays and

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