
    Michael CARUSO, Plaintiff—Appellee, v. STATE OF OREGON, Intervenor—Appellant, and Yamhill County, an Oregon municipal corporation, by and through its County Commissioner, Defendant.
    No. 04-35522.
    United States Court of Appeals, Ninth Circuit.
    Submitted Aug. 7, 2006.
    
    Decided Aug. 11, 2006.
    Linda K. Williams, Esq., Portland, OR, for Plaintiff-Appellee.
    Daniel W. Meek, Esq., Attorney at Law, Portland, OR, Richard W. Wasserman, AGOR-Office of the Oregon Attorney General, Salem, OR, for Intervenor-Appellant.
    John M. Gray, Esq., McMinville, OR, for Defendant.
    Before: SCHROEDER, Chief Judge, REINHARDT and HAWKINS, Circuit Judges.
    
      
      This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

A review of the district court docket reflects that the docketing and filing fees for this appeal were paid on August 5, 2004. The Clerk shall amend this court’s docket to so indicate.

Appellant’s unopposed motion for summary reversal is granted. The district court’s order is reversed and the matter is remanded for reconsideration in light of Caruso v. Yamhill County, 422 F.3d 848 (9th Cir.2005).

REVERSED AND REMANDED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
     