United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT September Term 2008
July 1, 2009
SCOTT TOOLEY, APPELLANT
JANET ANN NAPOLITANO, HOMELAND SECURITY SECRETARY, IN HER OFFICIAL CAPACITY, ET AL., APPELLEES
BEFORE: Sentelle, Chief Judge, and Ginsburg, Henderson, Rogers, Tatel, Garland, Brown, Griffith, and Kavanaugh*fn1, Circuit Judges, and Williams, Senior Circuit Judge.
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.