Court of Appeals for the Ninth Circuit November 7, 2002, No. 01-15827; D.C. No. CV-98-00908-SPK Hawaii (Smalls v. England)

ORDER

The unpublished memorandum disposition filed on July 29, 2002 is withdrawn.

Because we are unable to determine the basis on which the district court exercised subject matter jurisdiction, we remand to the district court for the limited purpose of clarifying whether it exercised jurisdiction under 28 U.S.C.