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Tooley v. Napolitano

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT September Term 2008


July 1, 2009

SCOTT TOOLEY, APPELLANT
v.
JANET ANN NAPOLITANO, HOMELAND SECURITY SECRETARY, IN HER OFFICIAL CAPACITY, ET AL., APPELLEES

06cv00306

Per curiam.

BEFORE: Sentelle, Chief Judge, and Ginsburg, Henderson, Rogers, Tatel, Garland, Brown, Griffith, and Kavanaugh*fn1, Circuit Judges, and Williams, Senior Circuit Judge.

ORDER

Upon consideration of the petition for rehearing en banc and the response thereto, and the order setting this matter for panel rehearing, it is

ORDERED that the petition be dismissed as moot. A new period for petitioning for en banc review will begin to run following entry of a new panel judgment.


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